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1952 (5) TMI 25 - CALCUTTA HIGH COURTExtract: .......ed in terms of Cl. 3 (c) (ii). But no claim has been made on this basis either before us or the Court below. 70. The result therefore is that the appeal must be allowed. We set aside the decree of the learned trial Judge with costs here and below. Certified for two counsel. Arthur Trevor Harries, C.J. 71. I agree. Gopendra Nath Das, J. 72. I agree.
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