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2016 (7) TMI 1602 - SC - Indian LawsViolation of principles of Natural Justice - Rejection of the Election Petition - application filed by her under Order VII Rule 11 of The Code of Civil Procedure, 1908 not disposed off and was posted along with the main petition - denial of opportunity to file written statement - HELD THAT:- Once an application is filed under Order VII Rule 11 of the CPC, the court has to dispose of the same before proceeding with the trial. There is no point or sense in proceeding with the trial of the case, in case the plaint (Election Petition in the present case) is only to be rejected at the threshold. Therefore, the defendant is entitled to file the application for rejection before filing his written statement. In case, the application is rejected, the defendant is entitled to file his written statement thereafter. But once an application for rejection is filed, the court has to dispose of the same before proceeding with the trial court. The procedure adopted by the court is not warranted under law. Without disposing of an application under Order VII Rule 11 of the CPC, the court cannot proceed with the trial. In that view of the matter, the impugned order is only to be set aside. Denial of opportunity to file written statement - Alleged attempt on the part of the appellant for delaying the trial of the Election Petition - HELD THAT:- The said Application does not come within the purview of any of the situations under Order VII Rule 11 (a) to (f) of the CPC. Therefore, the application is rejected - the appellant is given an opportunity to file written statement in the Election Petition within two weeks from today. Appeal disposed off.
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