1989 (9) TMI 29

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.... of the first appellate court 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 Ro....

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....e taken into possession by the 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 prop....

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....asis of the material produced before 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 cour....