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1937 (4) TMI 21

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..... fused the appellants' application under Order 23, Rule 3, Civil P. C, for recording the adjustment of the suit and for dismissing the suit against them in accordance with the terms of a scheme of reconstruction sanctioned under Section 153, Companies Act. Order 23, Rule 3, Civil P.C., is in these terms: Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly .....

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..... le 3, and cannot be ordered to be recorded under that rule. In this view of the matter it is not necessary to express any opinion on the question whether in view of the scheme of arrangement sanctioned by the Court under Section 153, Companies Act, the plaintiff is entitled to get any relief against defendants 1, 2 and 3 in the suit. The appeal is accordingly dismissed with costs hearing fee being .....

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