Code of Civil Procedure, 1908 - 01: 7 r 11 - Rejection of plaint - On facts, election petition by respondent challenging the election of the appellant - Application u!Or. 7 r 11 by appellant for rejection of the petition by way of counter affidavit - Non consideration of the same since there was no formal application and court proceeded with the trial - Subsequently, formal application for rejection of the petition by appellant - Non-disposal of the same and posted along with the main petition as also denial of opportunity to the appellant to file written statement - On appeal, held: Application u/01: 7, r. 11 can be filed at any stage - Court has to dispose of the same before proceeding with the trial court - There is no point in proceeding with the trial of the case - Petition is only to be rejected at the threshold - Appellant entitled to file the application for rejection before filing his written statement and in case, the application is rejected, appellant is entitled to file his written statement thereafter - Procedure adopted by the court not warranted under law - Thus, the impugned order is set aside - Since the application does not come within the purview of any of the situations u/01: 7 r 11 (a) to (j), application is rejected - Appellant given an opportunity to file written statement in the Election Petition within the stipulated period