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april 2005

Supreme Court of India · 2005-04-06

Kailash vs Nanhku & Ors

Citation / case number
AIR 2005 SUPREME COURT 2441
Court
Supreme Court of India
Petitioner
Kailash
Respondent
Nanhku & Ors
Author
R.C. Lahoti
Bench
R.C. Lahoti, D.M. Dharmadhikari, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that the provisions of the Code of Civil Procedure, 1908 (CPC), specifically Order VIII Rule 1, do not automatically apply to the trial of election petitions under the Representation of the People Act, 1951. The Court clarified that the High Court's rules governing election petitions can override CPC provisions, and that the time limit for filing a written statement is directory rather than mandatory. The appeal was allowed, setting aside the High Court's order rejecting the written statement due to delay.

Kailash vs Nanhku & Ors · Niyam