1989 (9) TMI 29

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..... ourt dismissing the application under Order 39, rules 1 and 2 of the Code of Civil Procedure filed with the suit for mandatory injunction directing the defendant-respondents to return the case files and a sum of Rs. 37,331 as mentioned in annexures A and B appended to the plaint, in this revision petition. The facts : The petitioner resides with his father at Club Road, Sangrur. A search was con .....

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..... e authority in the course of search were the case files of the clients. The respondents filed a written statement and admitted that the search was conducted in the residential premises of Om Parkash Jindal and the proper orders for release of the cash amount as well as the valuables will be passed by the competent authority under section 132(5) of the Act after proper enquiry and proper examinati .....

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..... ore him refused to exercise discretion under Order 39, rules 1 and 2 of the Code of Civil Procedure and dismissed the application. However, in view of the concession made in the written statement, some documents which were mentioned in annexure "A" appended to the written statement were ordered to be returned. The discretion exercised by the first appellate court in the matter of refusing tempora .....

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