Anbu vs Chinnakarasamangalam Sunnath Val ...
In support of his contention, he has placed reliance upon a decision in Shahi Jama Masjid, Merta vs. Kanhaiya Lal Bhagat and others, AIR 1973 Rajasthan 322 (V60 C86). It is pertinent to note here that the ratio laid down in this decision has already been quoted in the opening paragraphs of this Judgment, which has also been cited by the Trial Court. It is significant to note here that the learned Single Judge of Rajasthan High Court in Paragraph No.21 has specifically made a keynote saying that in the absence of the Government or the Municipal Board the decree may not be binding on them, but the defendants in the case cannot be heard to say that the suit cannot proceed without the Government or the Municipal Board being made a party to the suit.