Supreme Court · 2016 INSC 491 · Decided 4 July 2016

R.K. Roja v. U.S. Rayudu and Another

Court
Supreme Court of India
Citation
2016 INSC 491 · [2016] 3 S.C.R. 221
Case number
CIVIL APPEAL No. 5540/2016
Decided
4 July 2016
Bench
KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 - 01: 7 r 11 - Rejection of plaint - On facts, election petition by respondent challenging the election of the appellant - Application u!Or. 7 r 11 by appellant for rejection of the petition by way of counter affidavit - Non­ consideration of the same since there trial - Subsequently, formal application for rejection of the petition by appellant - Non-disposal of the same and posted along with the main petition as also denial of opportunity to the appellant to file written statement - On appeal, held: Application u/01: 7, r. 11 can be filed at any stage

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