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Naresh Kumar vs. Jagdish Kumar Mehandiratta & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Municipalities Act, 2009–Sec. 304(1)–Dismissal of application–Appreciation of–Objection of petitioner that the suit was not maintainable in absence of service of a prior notice u/s. 304(1)–Objection as regard to maintainability of suit on account of non-service of notice u/s. 304 is available only to the municipality concerned which can be waived by it–Entertaining such objection on behest of a private defendant, the plaint cannot be rejected–Application was rightly dismissed.