SYED M.FAZAL ALI, J

(1) THIS appeal by special leave involves an interpretation of the scope and ambit of S. 87 of the Representation of the People Act, 1951, as amended by Act 47 of 1966. The short point that falls for determination in this appeal is as to whether or not the provisions of. Order XI of the Code of Civil Procedure can be applied to the trial of election petitions in the High court by force of S. 87 of the said Act. For the purpose of brevity, the Representation of the People Act, 1951 shall be referred to as the Act of 1951 and the Representation of the People Act as amended by Act 47 of 1966 as the Act. The circumstances under which this appeal arises may be succinctly stated as follows.

(2) AN election for the U. P. Legislative Assembly for 275 Allahabad North Assembly constituency was held on 26/02/1974. In this election the appellant was a candidate put up by the Congress ruling party and her election was contested by the first respondent Ram Adhar Yadav who was set up by the Samyukta Socialistparty. The appellant was declared duly elected in the said election and the respondent no. 1 was defeated.

(3) THE respondent no. 1 fil