Benami exception amendment in plaint held maintainable where it only reframed the existing claim under a statutory carve-out.

An amendment to a plaint was considered maintainable where it recast a benami ownership claim into a plea that the property fell within the fiduciary-capacity exception under Section 4(3)(b) of the Benami Transactions (Prohibition) Act, 1988. The court reasoned that the amendment did not introduce an inconsistent or wholly new case because it only reframed the existing claim within a statutory exception, and the suit was already pending when the Act came into force. The defendants were entitled to answer the amended plea by filing an additional written statement and leading evidence on the issue.

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Issues: Whether the plaint could be amended to plead that the transaction fell within Section 4(3)(b) of the Benami Transactions (Prohibition) Act, 1988, and whether such amendment introduced a new case.

Analysis: The proposed amendment merely recast the plaintiff's case from an assertion of benami ownership to a plea that the property was held in a fiduciary capacity and therefore attracted the statutory exception. Since the suit was pending when the Act came into force and the statute operated retroactively, the plaintiff was entitled to raise the plea. The amendment did not set up an inconsistent or wholly new claim. The defendants were, however, entitled to meet the amended plea by filing an additional written statement and by having the issue tried on evidence.

Conclusion: The amendment was permissible and did not amount to a new case. The order refusing the amendment was set aside, and the amendment was allowed with consequential opportunity to the defendants to file an additional written statement.

Final Conclusion: The revision petition succeeded, the impugned order was set aside, and the suit was directed to proceed on the amended pleadings in accordance with law.

Ratio Decidendi: An amendment introducing a plea within a statutory exception to a benami prohibition is maintainable when it does not alter the basic nature of the claim or set up a new case, especially where the statute applies retroactively.

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