Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CIVIL-Jul-5

Ponnala Lakshmaiah Vs. Kommuri Pratap Reddy

Head Note

Representation of People Act, 1951  - Section 81 , Section 82 , Section 117

Election of a successful candidate is not lightly interfered with by the Courts - The Courts generally lean in favour of the returned candidates and place the onus of proof on the person challenging the end result of an electoral contest - Further held - If the Courts also adopt a technical approach towards the resolution of electoral disputes, the confidence of the people not only the democratic process but in the efficacy of the judicial determination of electoral disputes will be seriously undermined.

Representation of People Act, 1951  - 83 , 86 , Section 82

Conduct of Election Rules, 1961, Rule 94(A) - Election petition against successful candidate - Affidavit annexed not in prescribed format in terms of Section 83(1) and Rule 94(A) - It is not fatal to election petition - Held - Section 86 of the Act does not provide for dismissal of an election petition on the ground that the same does not comply with the provisions of Section 83 of the Act - If the High Court had found the affidavit to be defective for any reason it should have allowed an opportunity to the election petitioner to remove the same by filing a proper affidavit.

The Code of Civil Procedure, 1908  - Order VII Rule (11)

Cause of action - Rejection of plaint for non-disclosure of cause of action - Meaning of expression of cause of action - It means every fact, which it would be necessary for the plaintiff to prove, if traversed, in order of support his right to the judgment of the Court - Every fact, which is necessary to be proved, as distinguished from every piece of evidence, which is necessary, to prove each fact comprises in "cause of action" - The Court must take into consideration the plaint as a whole - It is only if even after the plaint is read as a whole, that no cause of action is found discernible that the Court can exercise its power under Order 7 Rule 11 of the Civil Procedure Code - Further held - Disclosure of a cause of action in the plaint is a question of fact and the answer to that question must be found only from the reading of the plaint itself. 2004(9) SCC 512 relied.

Topic(s)-Rejection of Plaint , Cause of Action

Important Decision(s)- Meaning of expression of cause of action - It means every fact, which it would be necessary for the plaintiff to prove - Every fact, which is necessary to be proved, as distinguished from every piece of evidence, which is necessary, to prove each fact comprises in "cause of action" - The Court must take into consideration the plaint as a whole.







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