Kalyan Chandra Sarkar vs Rajesh Ranjan Alias Pappu Yadav & Anr on 12 March, 2004
In case of Kalyan Chandra
Sarkar v. Rajesh Ranjan @ Pappu Yadav and another, (2004)
7 SCC 528, the Hon'ble Apex Court has laid down certain criteria
while dealing with an application under Section 439 of the Code.
For the purposes of the present application, paragraph 11 of the
said judgment is reproduced as under :-