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SC dismissed SLP challenging rejection of Order VII Rule 11 CPC application. The court held that subsequent property purchasers cannot challenge plaint maintainability without direct knowledge of property's original ownership status. The court emphasized that benami transaction exceptions involve disputed factual questions inappropriate for plaint rejection at preliminary stage. Section 14 of Benami Act does not prohibit property suits, and parties retain right to contest substantive issues on merits. No prejudice or miscarriage of justice was established, rendering special leave petitions non-maintainable.
SC dismissed SLP challenging rejection of Order VII Rule 11 CPC application. The court held that subsequent property purchasers cannot challenge plaint maintainability without direct knowledge of property's original ownership status. The court emphasized that benami transaction exceptions involve disputed factual questions inappropriate for plaint rejection at preliminary stage. Section 14 of Benami Act does not prohibit property suits, and parties retain right to contest substantive issues on merits. No prejudice or miscarriage of justice was established, rendering special leave petitions non-maintainable.
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