1/1 bad been manufactured for the purpose of this petition 3 that the figures 20 x 30 5000 on ext.
e did number even plead that the pamphlet must or might have been ought into existence by the petitioners or the 2nd respondent after the ate of the poll for the purpose of the election petition there is very satisfactory evidence that the poster should have been printed on the t of march 1972.
w.1/4 was put forward by the appellants as the manuscript which was used for printing the pamphlet.
from the judgment and order dated february 16 1973 of the punjab haryana high companyrt in election petition number 38 of 1972.
i and jathedar ram singh c .w.
there is also a tape recorded companyversation between the 1st respondent and bhagwant singh the husband of the 2nd respondent who was also her companynsel in the election petition from which the 1st respondent tried to make out that he was wholly unaware of and surprised at his signature in ext.
he also says that he d sent a letter ext.
though he admitted his part in the companyversation it would number be admissible in evidence because he was number examined as a witness.
c.w.1/1 by nichhatar singh and the tape recorded companyversation show an anxiety oil the part of i st respondent to steer clear of his signature on ext.
even he has put the date on ext.
2 jathedar ram singh in whose name the pamphlet is published and p.w.1 bedi raghbir singh.
after carefully going through the evidence of w.i.
1/4 are in the handwriting of nichhatar singh 4 that the signature of the successful candidate on ext.
nether that letter was sent on the 1st of march as is spoken to by or cm the 5th of march the date which it bears does number affect substance of the question.
w.1/1 into istence for the purpose of helping him.
p.w.1/4 2 that ext.
b. pai s. k. bagga 1.
r.w.5/1 to the sub divisional magistrate.
nichhatar singh we are satisfied that he is a witness who is anxious to help the 1st respondent and has brought ext.
this letter has been received by the divisional magistrate miss deol on 12th march.
civil appellate jurisdiction civil appeal number 737 of 1973.
his main argument before this companyrt was that the whole thing has been brought about by companylusion between the 2nd respondent bedi raghbir singh p. w. 1 nichhatar singh c.w.
2 in whose name it was printed as well as of w. i. the evidence of r.w.
he did number ead that the manuscript which was used for printing the poster ext.
answers favourable to the petitioners had to be extracted out of his unwilling mouth by cross examination.
p.w.1/4.
1/1 as 1st of march d his evidence is that it was printed on the 1st of march though he pentions only the name of c.w.2 ram singh.
bhagwant singh d. d. sharma m. p. varma and s. r. srivastava for respondent number 2.
the charge of company rupt practice is based on the publication of a pamphlet about the nature of which there is numberdispute and the contents of which are therefore unnecessary to be set out.
c.w.1/1 which as the learned judge himseif holds has been brought into existence for the purpose of this petition bears that date.
w.1/4 was manufactured on a blank paper bearing his signature.
kapil sibal jasdev singh and hardev singh for respondent number 1.
5 was relied upon to prove that the pamphlet was sent to the sub divisional magistrate as required under section 127a of the representation of the people act and received by her on the 12th march.
the 1st respondents case was one of companyplete denial of the allegations in the petition regarding the printing of the poster.
k. mehta s. bagga and yash bagga for the appellant.
on the other hand the printer c.w.
w. 1/4 appears to be his 5 that the production of ext.
i produced anumberher manuscript ext.
the publication was sought to be proved by the evidence of w.1 the proprietor of the printing press where it was printed c.w.
this is purported to be signed by the successful candidate as well as c.w.
c.w.1/1 as the one from which the pamphlet was printed.
the learned judge held 1 that he bad numberdoubt that the pamphlet was printed from ext.
