( 1 ) THE application A-59 has been made by the respondent under O. 6, R. 16 and S. 151 C. P. C. praying that the paragraphs Nos. 10, 13, 15, 16, 20, 21, 22, 24, 25, 26, 27, and 31 to 34 be struck out as they do not contain material facts and do not disclose the cause of action and that the election petition be dismissed in entirety, as the petitioner could not be allowed to lead evidence on the allegations contained in the aforesaid paragraphs.

( 2 ) SRI Dwivedi, learned counsel for the petitioner raised a preliminary objection that this application is not maintainable, inasmuch as an application A-7 dated 7-10-1985 exactly with the same prayer had been made by the respondent under O. 6, R. 16, read with O. 7, R. 1 and Ss. 82, 83 and 86 of the Representation of the People Act, 1951 (the Act, 1951 ). The said application was disposed of on 13-12-1985 and was partly allowed, as only para 18 of the election petition was ordered to be struck out. The contention of Sri Dwivedi is that the order dated 13-12-1985 operates as res judicata against the respondent. Same matter having already been decided between the same parties by this Court on 13-12-1985 under the application