Representation of People Act, 1951–Sec. 87(1)–Code of Civil Procedure, 1908–Order 7, Rule 9–Whether filing of replication in the election petition is permissible ?–Held, yes–High Court acting as an Election Tribunal subject to the provisions of the Act of 1951, and the rules made thereunder is vested with all such powers as are vested in a Civil Court under the CPC–Therefore, in exercise of its powers under Order 7, Rule 9 of the CPC, it is empowered to grant leave to an election petitioner to file a replication–However, such leave is not to be granted mechanically–The Court before granting leave must consider the averments made in the plaint/election petition, the written statement and the replication.
