Supreme Court of India · 2016-07-04
R K ROJA vs U S RAYUDU
- Citation / case number
- SC 2016/18693
- Court
- Supreme Court of India
- Petitioner
- R K ROJA
- Respondent
- U S RAYUDU
- Author
- KURIAN
- Bench
- ROHINTON FALI NARIMAN KURIAN JOSEPH
Judgment text excerpt
The Supreme Court held that an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, can be filed at any stage of the proceedings and must be disposed of before proceeding with the trial. The Court criticized the High Court's view that the application was not filed at the earliest opportunity, emphasizing that the trial court is obligated to consider such applications prior to the trial. The Court ruled that the appellant is entitled to have her application for rejection of the Election Petition decided before filing a written statement, thereby allowing the appeal.