Judgement

HEGDE, J.:- These appeals by special leave arise from the election petition filed by the appellant challenging the validity of the election of respondent No. 1 (who will hereinafter be referred to as the respondent) to the Lok Sabha, from Ram, Bareilly constituency, in the General Election to the Lok Sahaba held in March, 1971.

2. After the pleadings of the parties were completed and the issues framed, the appellant applied to the Court under Order XI of the Civil Procedure Code for leave to deliver interrogatories in writing for the examination of the respondent. The respondent object to the same on the ground that the provisions of Order XI, Civil P. C. cannot be applied to election petitions. In her objection-statement, the respondent reserved her right to object to the interrogatories sought to be served at a later stage. The application filed by the appellant for leave to serve interrogatories on the respondent was heard by Broome J. The learned Judge by his order dated September 14, 1971 overruled the objections of the respondent and directed as follows:

"Accordingly I allow the application A-29 and grant leave to the petitioner to deliver the accompanying interrogator