1985 (3) TMI 190

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....ang for the Petitioner. D.V. Sehgal and B.R. Mahajan for the Respondent. JUDGMENT Rajendra Nath Mittal, J. - This application has been filed by the petitioner praying that the amended affidavit dated February 13, 1985, be taken on record, and as a part of the main petition in place of the affidavit dated October 18, 1983, filed earlier. The notice of the application was given to the couns....

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....a petition was dismissed on the ground that the same was not accompanied by a proper affidavit. I have duly considered the argument and find substance in the contention of Mr. Rawal. It cannot be disputed that if the petition is dismissed on this technical ground, the petitioner is not debarred from presenting a fresh petition. If it files a fresh petition, that shall be deemed to be presented ....