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1989 Supreme(Gau) 36

MANISANA
Rohiteswar Saikia – Appellant
Versus
Tonu Konwar and others – Respondent


Advocates Appeared:
A.M. Mazumdar, B.K. Das, A.S.Bhattacharjee, M.K. Bhattacharjee, S.A. Choudhary, S.S.Dey, S.Rajkhowa and M. Nath, A.R. Bhattacharyya, J.M. Chaudhury, A.K. Das, B.N. Sarma, (For No. 1); Chandmahammad, Sr. Central Govt. Standing Counsel (For Nos. 4 and 5) and P. Prasad Sr. Govt. Advocate Assam (For Nos. 2 and 3)

Judgement

In this petition, the petitioner has prayed for striking out pleading contained in paras 4 to 23, 29, 30, 32, 34, 42, 43, 44 and 45 of the election petition on the ground that allegations in those paras do not disclose cause of action and pleading contained in paras 39,40, 41 and 47 have not been verified.

2. It is settled that on a combined reading of Ss. 81, 83, 86 and 87 of the Representation of the People Act, 1951 (Act 43 of 1951), for short the "Act", those paragraphs of the election petition which do not disclose any cause of action are liable to be struck out under O.6, R. 15, CPC as the Court is empowered at any stage of the proceedings to strike out or delete pleading which is unnecessary, scandalous, frivolous or vexatious, or which may tend to prejudice, embarras or delay the fair trial of the petition, or which otherwise an abuse of the process of the Court. However, a pleading has to be read as a whole to ascertain its true import. It is not permissible to cull out a sentence or a passage and read it out of the context, in isolation. In other word, it is not right to pick up one or two words out of the context and to draw inferences therefrom.

3. The Act is a





























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