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1961 (3) TMI 132 - SC - Indian LawsExtract: .......ied on by the Courts below viz. Siddik Mahomed Shah v. Mt. Saran where it was held that “where a claim has been never made in the defence presented no amount of evidence can be looked into upon a plea which was never put forward. 15. We therefore are of opinion that there is no force in this appeal. We accordingly dismiss the same with costs.
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