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2008 (8) TMI 798 - SUPREME COURTWhether the period spent by the appellant in prosecuting the aforementioned proceedings should be excluded or not is a matter which must fall for decision before the Principal Civil Court. The necessary corollary of the aforementioned finding is that as to whether the appellant had been prosecuting, with due diligence another proceeding or not would fall for consideration before the Principal Civil Court. The impugned judgment of the High Court, therefore, cannot be sustained. Appeal allowed.
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