LD102 (SC ), 2005 (5 )ALLMR(SC)689 , 2005 (4 )ALT30 (SC ), 2005 (1 )ARC861 , 2005 (2 ) AWC 1490 (SC), 2005 (3 )BLJ(SC )390 , 2005 (2 )BLJR1422 , 2005 (3 )BomCR906 , 2005 (2 ) CCC 170 (SC ), 2013 (4 ) CCC 315 (SC ), 2013 (4 ) CPR 714 (SC ), 2005 (3 )CTC355 , 2005 (I )CLR(SC)575 , 2005 GLH(2 )490 , 2005 INSC 186 , JT2005 (4 )SC 204 , 2005 (2 )KLT623 (SC ), 2005 (2 )MhLj775 , 2005 (2 )MhLJ775 (SC), 2005 (2 )MPJR(SC)1 , 2005 (I )OLR718 , 2005 (I )OLR(SC )718 , 2005 (3 )PLJR241 , (2005 )141 PLR558 , 2005 (2 )RCR(Civil)379 , RLW2005 (3 )SC 341 , (2005 )4 SCC480 , [2005 ]3 SCR289 , ,MANU/SC/0264/2005R.C. Lahoti#D.M. Dharmadhikari#P.K. Balasubramanyan#3948SC4750Judgment/OrderAIC#AIR#ALD#AllMR#ALT#ARC#AWC#BLJ#BLJR#BomCR#CCC#CCC#CPR#CTC#CurLR#GLH#INSC#JT#KLT#MANU#MhLJ#MhLJ#MPJR#OLR#OLR#PLJR#PLR#RCR (Civil)#RLW#SCC#SCRR.C. Lahoti,SUPREME COURT OF INDIA2012-9-24Production of documents.,Discovery and Inspection,The First Schedule,General,Mandatory And Directory Provisions,Subsidiary Rules,General,Mandatory And Directory Provisions,Subsidiary Rules,General,Mandatory And Directory Provisions,Subsidiary Rules,General,Mandatory And Directory Provisions,Subsidiary Rules,Short title, extent and commencement,Short title, extent and commencement,Short title, extent and commencement,Short title, extent and commencement,Concept of Written Statement,Written Statement, Set-off and Counter-Claim,The First Schedule,Concept of Written Statement,Written Statement, Set-off and Counter-Claim,The First Schedule,Civil Procedure,Interpretation of Statutes56753,56751,56762,56761,56864,17162,20499,56790,56755,56756,20172,2741 -->

MANU/SC/0264/2005

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7000 of 2004

Decided On: 06.04.2005

Appellants: Kailash Vs. Respondent: Nanhku and Ors.

Hon'ble Judges/Coram:
R.C. Lahoti, C.J., D.M. Dharmadhikari and P.K. Balasubramanyan

JUDGMENT

R.C. Lahoti, C.J.

Facts in brief

1. Elections of Uttar Pradesh Legislative Council were held pursuant to the Presidential notification dated 7.11.2003. The appellant was declared elected. Respondent No. 1 filed an election petition under Section 80 of the Representation of the People Act, 1951 (hereinafter 'the Act', for short) laying challenge to the election of the appellant.

2. The appellant was served with the summons, accompanied by a copy of the election petition, requiring his appearance before the Court on 6.4.2004. On the appointed day, the appellant appeared through his counsel and sought for one month's time for filing the written statement. The Court allowed time till 13.5.2004 for filing the written statement. On 13.5.2004, the appellant again filed an application seeking further time for filing the written statement on the ground that copies of several documents were required to be obtained. The Court adjourned the hearing to 3.7.2004 as, in between, from 13.5.2004 to 2.7.2004, the High Court was closed for summer vacation. On 22.6.2004, appellant's advocate's nephew expired. However, the written statement was drafted and kept ready for filing. The