JUDGEMENT
RANJAN GOGOI,J -
(1.) Leave granted.
(2.) The appellant before this Court is the returned candidate in the election held on 13th
May, 2009 for the 02-Amritsar Parliamentary
Constituency. The election was challenged in E.P.
No.3 of 2009 before the High Court of Punjab and
Haryana at Chandigarh. The appellant, as the
respondent in the Election Petition, had filed an
application under Order VI rule 16 and Order VII
rule 11 of the Code of Civil Procedure, 1908 for
dismissal of the election petition contending that
on account of deficiencies in the pleadings no
triable issue(s) is disclosed to justify a regular
trial of the allegations made. According to the
appellant the election petition, in its entirety,
had failed to disclose any cause of action
whatsoever. Though some relief (details of which
need not be noticed) was granted to the appellant
by the High Court, three broad categories of
allegations contained in the election petition were
held to disclose triable issues. Hence a regular
trial of the same was ordered by the High Court by
the order under challenge. Aggrieved, this appeal
has been filed.
(3.) We have heard the learned counsels for the parties.;
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