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1994 (2) TMI 302 - SUPREME COURT
Extract:
.......wer under Rule 39 cannot per se be held invalid, whether the exercise of power under Rule 39 in a given case has been properly made or not can always be questioned. If such question is raised in a case, it will be open to the High Court to decide the question on merits. In the facts and circumstances of the case, there will be no order as to costs.