P.A. Mohammed Riyas Vs. M.K. Raghavan
|
Head Note
Representation of People Act, 1951 - 83 , Section 81 , The Code of Civil Procedure, 1908 - Order V Rule (15)
Election petition making allegations of corrupt practice - Election petition not verified in the manner contemplated in Section 83 - Election petition rightly dismissed by High Court - Held - In the absence of proper verification, provisions of Section 81 not fulfilled cause of action for the Election Petition remained incomplete - The petitioner had the opportunity of curing the defect under Order 5 Rule 15 of Civil Procedure Code but it chose not to do so. 1972(1) SCC 214 : 1991(3) SCC 375, relied.
The Code of Civil Procedure, 1908 - Order V Rule (15)
Plaint not properly verified - It is defect, but curable.
Topic(s)-
Important Decision(s)- CPC, 1908 - Order 5, Rule 15 - Plaint not properly verified - It is defect, but curable.