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1976 (10) TMI 160 - SUPREME COURTExtract: .......ct clearly applies to the case, the suit is clearly untenable and has to be dismissed. 35. In the result, Appeal No. 572 of 1974 is allowed and the suit out of which it arose is dismissed. Consequently, Appeal No. 416 of 1973 fails and is dismissed. In the circumstances of the case, parties are left to pay and bear their own costs of these appeals.
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