AIR Law Lines - Point Extract
(A)
Civil & Constitution
Civil Procedure Code
Pleadings
Striking Out Pleadings- Not Permissible.
— Election petition — Pleading seeking declaration of election of candidate as void on account of improper acceptance of his nomination form . It makes out cause of action, implying right to sue . Said pleading can be proved by leading necessary evidence and cannot be struck-off.
(C)
Civil & Constitution
Civil Procedure Code
Pleadings
Striking Out Pleadings - Pleadings Not Making Out Cause Of Action
— Election petition. Pleadings made in order to demonstrate conduct of elected candidate in process of election. Said pleadings has less to do with grounds of petition challenging election of candidate and more with his conduct. Pleadings to extent of conduct of candidate were not making out any cause of action, found unnecessary, causing delay in matter. Pleadings are liable to be struck-off.
(B)
Civil & Constitution
Civil Procedure Code
Pleadings
Striking Out Pleadings - Pleadings Not Constituting Cause Of Action.
- Election petition. Pleading that due to improper acceptance of nomination form of candidate, petitioner has to represent same constituency for another year. Averments made statements of chance and Said averments would not constitute cause of action. Causing delay in disposal of petition , liable to be struck-off.
(A)
Civil & Constitution
Civil Procedure Code
Pleadings
Striking Out Pleadings- Not Permissible.
— Election petition — Pleading seeking declaration of election of candidate as void on account of improper acceptance of his nomination form . It makes out cause of action, implying right to sue . Said pleading can be proved by leading necessary evidence and cannot be struck-off.
(C)
Civil & Constitution
Civil Procedure Code
Pleadings
Striking Out Pleadings - Pleadings Not Making Out Cause Of Action
— Election petition. Pleadings made in order to demonstrate conduct of elected candidate in process of election. Said pleadings has less to do with grounds of petition challenging election of candidate and more with his conduct. Pleadings to extent of conduct of candidate were not making out any cause of action, found unnecessary, causing delay in matter. Pleadings are liable to be struck-off.
(B)
Civil & Constitution
Civil Procedure Code
Pleadings
Striking Out Pleadings - Pleadings Not Constituting Cause Of Action.
- Election petition. Pleading that due to improper acceptance of nomination form of candidate, petitioner has to represent same constituency for another year. Averments made statements of chance and Said averments would not constitute cause of action. Causing delay in disposal of petition , liable to be struck-off.
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