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In support of his contention that the petition has abated great deal of reliance was placed by Mr. Veda Vyasa on the decision in ,Carter and Anr. v. Mills(1). Therein a pending election petition was allowed to be withdrawn on the dissolution of the Parliament. In doing so Coleridge, C.J. observed thus :

"I am of opinion that this application should be 'granted. The Queen having been pleased to dissolve Parliament, of which fact the Court must take judicial cognizance, a case has arisen not expressly provided for in the Act; and under these circumstances we must guide our proceedings by the old parliamentary practice on the subject. It is common knowledge, that according to the old practice the petition abated or dropped in such a case. We think the result is the same now, and that we therefore have authority, and ought to make an order for the return of the deposit."