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2007 (8) TMI 809 - DELHI HIGH COURTExtract: ........ The submission of the learned Counsel for the defendant No. 2 is that the defendant No. 2 has been sued in his personal capacity. If that be the case then the suit against the defendant No. 2 shall survive in any event. Since the plaint cannot be rejected in part, therefore, in my view, this application cannot be allowed and the same is rejected.
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