Mohammed Rafiq, J.

This application has been filed under Section 87 of Representation of the People Act, 1951 (for short -'the Act of 1951'), read with Order 13 of the Rules framed by High Court for Election Petition thereunder and Order 16 Rule 1 of Civil Procedure Code (for short-'CPC') for taking on record the list of witnesses and summoning the witnesses.

2. Shri J.P. Goyal, learned senior counsel for the petitioner has argued that the petitioner filed the application within a period of 15 days as prescribed by Order 16 Rule 1 because Section 87 of the Act of 1951 has extended provisions of Civil Procedure Code to the trial of an election petition before this Court. Even if, therefore, the separate rules are framed, the fact is that, the petitioner was mislead by provisions of Section 87 and on that basis bonafidely presumed that Civil Procedure Code is applicable and therefore filed the list of witnesses with somewhat delay. This constitutes sufficient cause for condoning the delay and taking the list of witnesses on record by invoking Section 148 or 151 of Civil Procedure Code and by applying the provisions of Section 5 of the Limitation Act. Learned counsel in suppor