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2009 (8) TMI 1289 - BOMBAY HIGH COURTExtract: .......ention been raised in the pleadings the plaintiff would have had an opportunity of meeting the same. To allow the contention to be raised without a pleading would deprive the plaintiff of this opportunity. The contention is therefore rejected. 37. The petition is therefore made absolute in terms of prayer (a). The costs shall be costs in the cause.
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