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Swastik Polytex (P) Ltd. vs. Oriental Insurance Co.

52.00 5.20

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Code of Civil Procedure, 1908–Order 11, Rules 12 & 14–Dismissal of the application–Suit for recovery of money–Petitioner sought the delivery and possession of the original preliminary survey report dated 04.12.1992 and final survey and assessment report dated 07.03.2000–Reply of the respondent that these are not in its possession–Documents appear to be in power and possession of the petitioner as these have been exhibited in evidence and the petitioner has not filed the objection when it received incomplete documents enclosed with these reports–Held, Trial Court rightly rejected the application.