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1964 (3) TMI 7 - SUPREME COURTExtract: .......ch an affidavit by the opposite side would not have been necessary if the High Court had considered it good and allowed it to be taken to trial. We cannot allow this new point to be raised because to do so would be to hear the appeal on a point which the High Court was not even called upon to consider. The appeal, therefore, fails and is dismissed.
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