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1961 (4) TMI 116 - SC - Indian LawsExtract: .......rise if the respondent is permitted to make that case for he failed to establish it on the evidence. 14. We think therefore, that the appeal must succeed. Accordingly, we set aside the decree passed by the High Court and restore that of the trial Court. The appellant has not asked for any costs of the appeal and there will be no. order as to costs.
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