Order VII Rule 11(d): Benami bar not apparent from plaint averments, so rejection of the plaint was unwarranted.

A plaint can be rejected under Order VII Rule 11(d) only when the bar of law is clear from the plaint averments. On the pleaded facts, the suit did not attract Section 4 of the Benami Transactions (Prohibition) Act, 1988, because the plaintiff claimed that he had purchased the property in his mother's name, paid the consideration, and later received a release deed in his favour; the suit was framed on interference with his alleged ownership and possession. The benami bar was therefore not apparent on the face of the plaint, and rejection of the plaint was unwarranted. The refusal to reject the plaint was sustained.

---

---

Issues: Whether the plaint was liable to be rejected on the ground that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988, and therefore fell within Order VII Rule 11(d) of the Code of Civil Procedure.

Analysis: The plaint alleged that the property was purchased by the plaintiff in the name of his mother, that he paid the consideration, that the mother subsequently executed a release deed in his favour, and that the suit was based on interference with his asserted ownership and possession. On these pleadings, the Court held that the case did not disclose a claim barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988. Since the bar was not attracted on the face of the plaint, rejection of the plaint under Order VII Rule 11(d) was unwarranted.

Conclusion: The plaint was not liable to be rejected and the contention that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988 was rejected.

Final Conclusion: The civil revision failed, and the order refusing rejection of the plaint was sustained.

Ratio Decidendi: A plaint can be rejected under Order VII Rule 11(d) only when the bar of law is apparent from the plaint averments, and a benami bar under Section 4 does not apply where the pleaded facts do not establish a suit by a person merely claiming as real owner against the ostensible owner.

---