JUDGMENT : R.C. Lahoti, CJI. This is an appeal by special leave under Article 136 of the Constitution of India filed by one of the respondents in the High Court in an election petition filed under Section 80/80A of the Representation of the People Act, 1951. 2. The appellant herein is the winning candidate whose election was put in issue before the High Court. The appellant moved an application under Order 7 Rule 11 of the Civil Procedure Code complaining of non-compliance with Section 83 of the said Act and seeking dismissal of the election petition at the threshold. The appellant's application was rejected and the High Court formed an opinion that the plea shall remain open for consideration after the election petition had been put to trial. 3. Having heard the learned counsel for the appellant, we do not find any fault with the view taken by the High Court. The election petition is yet to be tried. The plea raised in this appeal shall be available for being urged by the appellant in an appeal against the final judgment of the High Court in the event of an occasion arising for the purpose. 4. The appeal is dismissed.