Supreme Court · 1999 INSC 123 · Decided 22 March 1999
V.S. Achuthanandhan v. P.J. Francis and ANR.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 123 · [1999] 2 S.C.R. 99
- Case number
- CIVIL APPEAL No. 1808/1997
- Decided
- 22 March 1999
- Bench
- A.S. ANAND, M. SRINIVASAN, R.P. SETHI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 7; Representation of the People Act Section 83, 7
Headnote
A B Election-Representation of the People Act, 1951-Section 83 read with section 123-Disctinction of Material facts and material particulars­ Materialfacts are primary facts disclosing some cause of action-These facts have to be specifically pleaded and failure to do so will result in stage by amendment and petition cannot be dismissed in limine on the ground of such defect-Appellant filed an election petition-High Court failed to draw distinction between material facts and material particulars and dismissed the petition for lack of material particulars regarding corrupt D
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