S.K.Katriar, J.

1. This writ petition is directed against the order dated 23.4.2007, passed by learned Munsif, Biraul at Benipur (Darbhanga), in Election Petition No. 8 of 2006 (Vishwa Mohan Jha V/s. Anil Kumar Jha), whereby the application of the present petitioner under the provisions of Order 7, Rule 11(d) of the Civil Procedure Code (hereinafter referred to as the Code), has been rejected. The matter is before us on reference by a learned Single Judge of this Court by order dated 19.12.2007, whereby he has disagreed with the view taken in the two judgments of learned Single Judges of this Court.

2. A brief statement of facts essential for the disposal of this writ petition may be indicated. Respondent No. 6 herein (the plaintiff-election petitioner) and the writ petitioner (the defendant) and others, contested the election for the post of Mukhiya of Gram Panchayat Raj, Kasraur Basauli, Block-Gora Bauram, District-Darbhanga. The writ petitioner was declared elected. Respondent No. 6 challenged the same by preferring the aforesaid Election Petition No. 8 of 1986, which was admitted and notices were issued. The writ petitioner entered appearance and filed an application u