94. Procedure before the court

  1. Subject tot the provisions of this Act and of any rules made there under, every election petition shall be tried by the court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure,
    1908 (Central Act 5 of 1908) to the trial of suits:
    Provided that the court shall have the discretion to refuse for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the Party tendering such witness or witnesses is doing so in frivolous ground or with a view to delay the proceedings.
  2. The provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of any election petition.