1945 (10) TMI 22

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....nder Section 171 of the Indian Companies Act, 1913, with an application in which he or his predecessor applied to have his name substituted for that of the respondent bank in a preliminary mortgage decree. 2. The whole warrant for that application was based on an assignment alleged to have been made by the respondent bank in favour of the appellant prior to the date of liquidation. That documen....

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....ther, it may be added that the secondary evidence relied on is an extract of an alleged power of attorney purporting to have been found in the bank books of the Imperial Bank. It is not attempted to prove who the writer of that extract was and the writer is not produced to say it was a correct copy. Even if it was admissible, it is not proved, and as has been found by both Courts in India, it is n....