https://www.taxtmi.com/caselaws?id=365268 The High Court set aside the Trial Court's rejection of the plaint under Order VII Rule 11 CPC based on the Benami Transactions (Prohibition) Act, 1988. The Court found the Trial Court erred in not considering the applicable exception under Section 2(9)(A)(b) and relying on a repealed provision. The High Court directed a proper trial to determine the ownership of the properties, allowing the appeal and instructing the trial court to proceed with the suit according to law after due trial and evidence. Parties were directed to appear before the District & Sessions Judge for further proceedings and disposal of the suit. en-us Tue, 07 Aug 2018 00:00:00 +0530 Wed, 25 Dec 2019 18:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=365268 The High Court set aside the Trial Court's rejection of the plaint under Order VII Rule 11 CPC based on the Benami Transactions (Prohibition) Act, 1988. The Court found the Trial Court erred in not considering the applicable exception under Section 2(9)(A)(b) and relying on a repealed provision. The High Court directed a proper trial to determine the ownership of the properties, allowing the appeal and instructing the trial court to proceed with the suit according to law after due trial and evidence. Parties were directed to appear before the District & Sessions Judge for further proceedings and disposal of the suit. Case-Laws Benami Property Tue, 07 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=365268