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Nirmal Kumar vs. Suresh Chandra Jain & Anr.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Urban Improvement Trust Act, 1959–Sec. 98–Suit for declaration and permanent injunction–Objection of private defendant that the notice issued to UIT was not in consonance with the requirements of Sec. 98 (1) of the Act–Such objection cannot be raised by a co-defendant particularly when such objection raised by UIT has been negated and order has been attained finality–Petition filed by the petitioner against the order of rejection of application under Order 7, Rule 11 is misconceived and not maintainable.