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2000 (2) TMI 880 - HC - Indian LawsExtract: .......usly absent. 32. The mere admission in the counter that the property, which is sought to be attached, is already subjected to the mortgage with the Indian Bank, would not be a ground to hold that the essential requirements for Order 38 , Rule 5 of CPC have been complied with. 33. With the above observations, the application is dismissed with costs.
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