Supreme Court · 2005 INSC 186 · Decided 6 April 2005
Kailash v. Nanhku and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 186 · [2005] 3 S.C.R. 289
- Case number
- CIVIL APPEAL No. 7000/2004
- Decided
- 6 April 2005
- Bench
- R.C. LAHOTI, D.M. DHARMADHIKARI, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 129; Constitution Article 225; Representation of the People Act Section 86, 80
Headnote
Representation of the People Act, 1951 : Sections 86 and. 87-Election Petition- 'Trial '-Commencement of- C limitation for filing written statement-Applicability of Order VIII, Rule /­ Extension of time beyond 90 days-Held, trial of an election petition commences from the date of receipt of statement being part of trial, time can be extended-This power emanates from the Act itself and the Rules framed for D the purpose of the Act and resort to provisions ofCPC is not called for-Even otherwise, power of Court to extend time for filing written statement beyond the time schedule
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