, the notice of recrimination given by the appellant under section 97 and the objection filed by the first respondent to the same came up for hearing before the Election Tribunal, Dharwar, and the Tribunal framed the following issues: " (1) Whether the 1st respondent is entitled to abandon a part of his claim in the manner he has done ? (2) If so, whether the appellant will be entitled to give notice to the Tribunal of his intention to give evidence to prove that the election of the first respondent would have been void if he had been the returned candidate ? (3) Whether the notice of recrimination given by the appellant is barred by limitation ? " The Tribunal held that by virtue of the provisions of section 90(1) of the Act the procedure prescribed by the Code of Civil Procedure had been made applicable to proceedings in election petitions and as such under the provisions of 0. 23, r. 1, of the Code of Civil Procedure the first respondent had a right to abandon a part of his claim.