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1943 (2) TMI 13 - BOMBAY HIGH COURTExtract: ....... the time of the argument in the trial Court and only the point of law as to Whether such a refund could be decreed was considered. If so advised, the defendant will be at liberty to file a separate suit to recover the amount paid by him to the plaintiff, but he cannot get that relief in this suit. 4. The appeal is, therefore, dismissed with costs.
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