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1941 (6) TMI 10 - HIGH COURT OF CALCUTTAExtract: .......ayya v. Kotiswara Rao. 72. As I have held that the present suit is not in respect of the same cause of action as the Title Suit No. 196 of 1933 and that the idol was not properly represented in that suit, Order 9, Rule 9, Civil P.C. is no bar to the present suit. The appeals, therefore, fail on this ground and I agree that they should be dismissed.
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