Shivdayal, J.

1. This appeal under section 116-A of the Representation of the People Act, 1951, (hereinafter called the Act), has arisen from an election petition filed by the appellant for a declaration that the election of Shri Dwarka Prasad Mishra (hereinafter called the (respondent) to the Madhya Pradesh Legislative Assembly from Kasdol Assembly constituency in the bye election held in May 1963, is void.

2. The appellant first contends that the trial of the petition was abruptly closed by the Tribunal and he was denied reasonable opportunity to fully cross examine the respondent. Secondly, his applications for leave to amend the petition were wrongly rejected by the Tribunal. Thirdly, admission of certain documentary evidence was wrongly refused by the Tribunal. Before we proceed to decided these preliminary points, we must consider the preliminary objections raised for the respondent; first, the appeal must be dismissed as barred by time; and, second, the appeal has become infructuous.

3. The judgment and order of the Tribunal is dated 28 December 1966. The appeal was filed in this Court on 1 July 1967. As provided in sub-section (3) of section 116-A of the Act, an appeal mu