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Mohan Raj vs Surendra Kumar Taparia & Ors on 12 August, 1968

24. However even the said judgment is not applicable to the instant factual situation, as the Representation of People Act, is a self regulatory complete Code, which regulates also the procedure, relating to the trial of an election petition as becomes cast under the Act of 1994. Contrarily, when for reasons (supra), rather the Act of 1994, is not a complete Code nor when it, creates any independent procedural mechanism rather for regulating the trial of an election petition, besides when it also does not specifically exclude the operation of CPC, rather for the (supra) purpose. Resultantly, therebys there was to be an endowment of an opportunity to the petitioner to seek impleadment of all just and proper parties in the election petition, through hers casting an application under Order 1 Rule 10 CPC, rather than on the (supra) mis premise, the petition becoming declared to be mis-constituted or the 17 of 18 ::: Downloaded on - 28-12-2024 03:51:46 ::: Neutral Citation No:=2024:PHHC:172233-DB CWP-21302-2023 (O&M) -18- same being declared to be not maintainable, given the said defect being incurable for (supra) flimsy reasons.
Supreme Court of India Cites 12 - Cited by 63 - M Hidayatullah - Full Document
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