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august 2007

Supreme Court of India · 2007-08-02

POTHULA RAMA RAO vs PENDYALA VENAKATA KRISHNA RAO &ORS.

Citation / case number
SC 2005/7299
Court
Supreme Court of India
Petitioner
POTHULA RAMA RAO
Respondent
PENDYALA VENAKATA KRISHNA RAO &ORS.
Author
K. G. Balakrishnan
Bench
K. G. BALAKRISHNAN,R. V. RAVEENDRAN,DALVEER BHANDARI

Judgment text excerpt

The Supreme Court upheld the Andhra Pradesh High Court's decision to strike out certain paragraphs of an election petition under Order VI Rule 16 CPC and reject the petition under Order VII Rule 11 CPC, as it did not disclose any cause of action. The Court clarified that under Section 83 of the Representation of the People Act, 1951, the High Court has the authority to strike out pleadings that are unnecessary or do not disclose a cause of action, even at a preliminary stage. The appeal was dismissed, affirming the High Court's ruling.

POTHULA RAMA RAO vs PENDYALA VENAKATA KRISHNA RAO &ORS. · Niyam