(1) Subject to the provisions of the Regulation and of any of rules made thereunder, the trial of every election petition by the District Judge shall be, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial suits:
Provided that the District Judge shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness if he 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 is doing so as on frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act,1872 (1 of 1872) shall, subject to the provisions of the Regulation and these rules, be deemed to apply in all respects to the trial of an election petition.