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Kamla (Smt.) vs. Ms. Radha Vishnoi

34.00 3.40

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Rajasthan Panchayati Raj (Election) Rules, 1994–Rules 80 & 85–Code of Civil Procedure, 1908–Order 18, Rule 4–Election petition–Respondent election petitioner filed affidavit in examination in chief and certain related documents–Objection by petitioner up to effect that Rule 85 of Rules provides for making the memorandum of evidence–Therefore, the affidavit cannot be taken on record–Objection was negated by trial Court–Appreciation of–Language of Rule 85 is discretionary and makes the provision as enabling and not prohibitory–Objection was rightly negated.