1 S.B.CIVIL WRIT PETITION NO.5304/2006 Sukh Ram Vs. Civil Judge, Churu & Ors. DATE OF ORDER :: 24th July, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. N.L. Joshi, for the petitioner. .... By this petition for writ a challenge is given to the order dated 27.7.2006 passed by the learned Civil Judge (Sr. Div.), Churu in Election Petition No.8/2005 rejecting the application preferred by the petitioner under order 7 Rule 11 Code of Civil Procedure, seeking rejection of the election petition filed by Sh. Lalchand (respondent No.2). The contention of learned counsel for the petitioner is that the learned court below dismissed the application without assigning any reason. According to counsel for the petitioner the court subordinate should have dealt with all the contentions raised by the applicant under the application under Order 7 Rule 11 CPC. Heard counsel for the petitioner and perused the record available. From perusal of the order impugned it is apparent that the learned trial court dismissed the application under Order 7 Rule 11 CPC for the reason that the substantial evidence was already recorded. 2 I have also examined the application preferred by the petitioner under Order 7 Rule 11 CPC and a reply thereto submitted by the respondent-Lalchand. From perusal thereof I am of the considered opinion that the contentions made in the application are not of such a nature that on basis of those the election petition could have been rejected at this stage. Looking to all the facts and circumstances of the case, specially in the circumstances that the substantial evidence has already been recorded in the matter, I do not find any error in the order impugned warranting interference of this Court under Article 226 and 227 of the Constitution of India. Accordingly, this petition for writ is dismissed. (GOVIND MATHUR ),J. jgoyal