TMI Blog2016 (7) TMI 1602X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014. On receipt of notice in the Election Petition, the appellant filed Annexure-P/4-application for rejection of the Petition, under Order VII Rule 11 of the CPC by way of a counter affidavit. It appears that the court declined to consider the same on the ground that there was no formal application and hence proceeded with the trial. At that stage, appellant filed Annexure-P/5-formal application for rejection of the Election Petition on the ground that the Election Petition did not disclose any cause of action. That application as per the impugned order dated 27.04.2016 was posted along with the main petition, and thus, the appeal. 4. The High Court has taken the view that the same was not filed at the earliest opportunity and that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 (See Saleem Bhai andothers v. State of Maharashtra and others [(2003) 1 SCC 557]). But once an application for rejection is filed, the court has to dispose of the same before proceeding with the trial court. To quote relevant portion from paragraph-20 of Sopan Sukhdeo Sable case (supra): 20. Rule 11 of Order 7 lays down an independent remedy made available to the defendant to challenge the maintainability of the suit itself, irrespective of his right to contest the same on merits. The law ostensibly does not contemplate at any stage when the objections can be rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication 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. Ordered accordingly. 10. However, the concern expressed by the High Court with regard to the alleged attempt on the part of the appellant for delaying the trial of the Election Petition cannot be brushed aside. Therefore, we have heard the learned Senior Counsel appearing for the appellant on the application under Order VII Rule 11 of the CPC. We are satisfied 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. In the peculiar facts of this case which we have narr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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