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1982 (5) TMI 30 - CALCUTTA HIGH COURTExtract: .......2) of 0. 21 of the CPC. Therefore, the learned subordinate judge has clearly erred in law in decreeing the suit. We accordingly, allow this appeal, set aside the judgment and decree and dismiss the suit brought by the plaintiff respondent. In the circumstances of the case, both parties will bear their respective costs throughout. SHARMA J.-I agree.
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