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1906 (4) TMI 2 - HC - Indian LawsExtract: .......1885) I.L.R., 22 Calc., 28 is applicable to the present case. Further, as the defendant has enjoyed the benefit of the payment made by the plaintiff and such payment was not made voluntarily or gratuitously, the case may come within the purview of section 70 also. 11. For the above reasons I agree in the order proposed by the learned Chief Justice.
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