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Order VII Rule 11 CPC confines scrutiny of a plaint to its averments and does not permit determination of disputed issues requiring evidence at the threshold. A will-based claim for declaration and injunction is not rendered liable to rejection merely because benami acquisition is alleged, where the plaint does not plead that the claimant acquired the property benami in the testator's name. The validity and proof of the Will, and the alleged benami nature of the transactions, require adjudication at trial. Pending criminal prosecution does not by itself bar the civil remedy. The plaint therefore discloses a cause of action for trial on merits.
Order VII Rule 11 CPC confines scrutiny of a plaint to its averments and does not permit determination of disputed issues requiring evidence at the threshold. A will-based claim for declaration and injunction is not rendered liable to rejection merely because benami acquisition is alleged, where the plaint does not plead that the claimant acquired the property benami in the testator's name. The validity and proof of the Will, and the alleged benami nature of the transactions, require adjudication at trial. Pending criminal prosecution does not by itself bar the civil remedy. The plaint therefore discloses a cause of action for trial on merits.
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