ORDER :

Ashok Kumar Gaur, J.

1. The instant appeal has been filed by the appellant-defendant challenging the order dated 31.07.2021, whereby the application filed by the appellant under Order 14 Rule 5 read with Section 151 CPC for amending and striking out issues has been partly allowed.

2. Learned counsel for the appellant-Mr. Ashok Kumar Pareek submitted that respondent No. 1-Raghunath Agarwal has filed an election petition against the present appellant in respect of municipal elections for Ward No. 134, Municipal Corporation (Greater), Jaipur.

3. Learned counsel submitted that the respondent No. 1, in the prayer of his election petition, has specifically asked only for setting aside the election dated 01.11.2020 and declaration of result dated 03.11.2020. Learned counsel submitted that the prayer clause also included relief of cancellation of election and further direction to conduct the election afresh.

4. Learned counsel for the appellant submitted that in the election petition, filed by the respondent No. 1, a reference was made in para Nos. 7 and 8 that the nomination form of respondent No. 1 was wrongly rejected and he was illegally deprived to contest the election.

5. Learned c