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2001 Supreme(Raj) 1203

D.N.JOSHI
Santosh Kanwar – Appellant
Versus
Surgyan Kanwar – Respondent


Advocates Appeared:
Ranjeet Joshi, for Petitioner J.R. Patel, for Respondents

Honble JOSHI, J.–This revision has been directed under Sec. 115 C.P.C. against the order dated 29.5.2000 passed by the learned District Judge, Merta in Election Petition No. 16/2000, whereby the application filed by the petitioner under Order 16 Rule 6 CPC was rejected. Another application filed by the revisionist-petitioner under Order 7 Rule 11 CPC was also rejected by the same order. However, the order rejecting the application under Order 16 Rule 6 CPC has been challenged before this Court.

(2). Notices were issued to the non-petitioners. The notices were served on the non-petitioners No. 1 2, 4 and 5. Mr. J.R. Patel appeared on behalf of non-petitioners no. 1 and 2. Non-petitioner No. 3 was not served, but a preliminary objection was raised by Mr. J.R. Patel about the maintainability of the revision petition, therefore, no notice was issued to the non-petitioner No. 3.

(3). Heard learned counsel for the parties nd perused the recorded. It was argued by Mr. J.R. Patel, learned counsel for the non-petitioner No. 1 and 2 that the order has been passed by the Election Tribunal and no revision lies against the said order u/Sec. 115 C.P.C. as the Tribunal is not subordinate to the Hig





































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