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1953 Supreme(All) 92

SAPRU, AGARWALA
UNION OF INDIA (UOI) – Appellant
Versus
FIRM VISHUDH GHEE VYOPAR MANDAL – Respondent


Advocates Appeared:
HARI SARUP, Jagdish Sarup, S.S.DHAVAN

AGARWALA, J.

( 1 ) THIS is an application in revision under Section 115, Civil P. C. and also Article 227 of the constitution. It arises in the following circumstances :

( 2 ) THE opposite party, Firm Vishudh Ghee Vyopar Mandal, filed a suit in the Court of the Civil judge, Agra, for recovery of a sum of Rs. 4,90,423/6/- as the price of ghee supplied to the applicant, the Union of India, for damages for breach of a contract and for refund of the security deposited by it with the Union of India.

( 3 ) THE suit was resisted by the applicant the Union of India, on the ground that the opposite party had supplied adulterated ghee and the adulteration was brought about by fraud practised by the opposite party on the Union of India and the opposite party was not entitled to the money claimed.

( 4 ) IT appears that prior to the suit there was some investigation by the Special Police establishment created under the Delhi Special Police Establishment Act, 1946 (Act 25 of 1946): into the matter. The Special Police took away certain correspondence that had passed between the parties inter se or between them and their agents and certain documents from the possession of the opposite party. In the







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