Code of Civil Procedure, 1908–Order 14, Rule 2–Prayer for deciding the issue no. 3 as preliminary issue–Rejection of–Issue is related to verification of affidavit in support of petition and can be decided only be a look at the affidavit–No evidence is required to be led on this aspect–Held, Court below committed error in rejecting the application–Further held, the matter is related to election petition, therefore, this Court deems it expedient to decide the issue here itself–There is a verification by the election-petitioner and same has been sworn before the Outh Commissioner–Held, issue is decided against writ petitioner.
