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Judgment
3 paragraphs · 71 words
1.
The only point for consideration in this appeal is whether the suit is barred by Section 43 of the Code of Civil Procedure. We are of opinion that it is not, for the reasons stated in Nobin Chandra Roy v. Magantara Dassya ILR 10 Cal. 924
2.
We set aside the decree and remand the appeal for disposal according to law.
3.
The costs will abide and follow the result.