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Sushil Kumar Sharma vs. Sukhdeva Ram & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Municipalities Act, 2009–Sec. 304–Applicability of provision–Suit is for declaration and cancellation of sale deed executed between the private respondents–Some portion of public road was alleged to be included in the sale deed–Municipality was impleaded as proper party–Statutory requirement of giving the notice u/s. 304 was not essential–Further, the application has not been moved by the Municipality and private respondents have no right to move such application–Application under Order 7, Rule 11 was rightly rejected.