Chhangani, J.—This matter has come before me for decision of a preliminary objection.

2. Haribux son of Kundanmal of Kuchaman, the opposite party, filed an appeal on 15.5.59 in this Court against the order of the District Judge, Merta setting aside his election. On the same date he filed an application for staying the operation of the order of the District judge and filed an affidavit in support of the stay application. In the affidavit he made a statement that he had not handed over the charge either as member or as Chairman of the Municipal Board. The stay application was finally decided by Bapna, J. on 6.8.1959. The appeal itself was decided on 7.10.1959. One Girdhari Lal originally submitted an application on 12 8-1959 requesting the Court to file a complaint against the respondent under sec. 193 I.P.C. for giving a patently false statement in the affidavit. Subsequently Girdhari Lal put another application on 18.9.1959 stating that the previous application put in for prosecuting Haribux was filed on the basis of complete misapprehension and certain mis-interpretation of facts and prayed that the application should not be treated to have been preferred by him and should be deeme

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