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april 2005

Supreme Court of India · 2005-04-06

KAILASH vs NANHKU .

Citation / case number
SC 2004/20071
Court
Supreme Court of India
Petitioner
KAILASH
Respondent
NANHKU .
Author
R.C. Lahoti
Bench
CJI 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 time limit for filing a written statement in election petitions is governed by the specific rules framed by the Allahabad High Court, which can override the CPC provisions. The Court ultimately upheld the High Court's decision to reject the appellant's written statement as it was filed beyond the stipulated time limit, affirming the importance of adhering to procedural timelines in election matters.

KAILASH vs NANHKU . · Niyam