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Samda Devi (Smt.) vs. Municipal Board, Balotra & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Application under–Dismissal of–Suit for declaration, mandatory and permanent injunction qua the strip land–Counter-claim–Even the relief no. 1 claimed in the counter-claim is barred by the limitation, relief no. 2 wherein a declaration qua and land in question to be public land has been sought, cannot be said to be barred by law–Plaint cannot be rejected–However, the issue of limitation be decided as a preliminary issue.