https://www.taxtmi.com/caselaws?id=286041 In an application for rejection of plaint under Order 7 Rule 11 CPC, the court must confine itself to the plaint averments and the documents relied on by the plaintiff. Where the pleaded facts are capable of bringing the claim within a statutory exception to the Benami Transactions (Prohibition) Act, 1988, rejection is impermissible and the dispute must be tested by evidence. The plaint also could not be rejected on limitation or for want of cancellation of the conveyance deed, because the plaintiffs asserted joint family and beneficial rights and the accrual of limitation depended on disputed facts. The suit was therefore allowed to proceed to trial. en-us Fri, 11 Jan 2008 00:00:00 +0530 Mon, 10 Feb 2020 15:17:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286041 In an application for rejection of plaint under Order 7 Rule 11 CPC, the court must confine itself to the plaint averments and the documents relied on by the plaintiff. Where the pleaded facts are capable of bringing the claim within a statutory exception to the Benami Transactions (Prohibition) Act, 1988, rejection is impermissible and the dispute must be tested by evidence. The plaint also could not be rejected on limitation or for want of cancellation of the conveyance deed, because the plaintiffs asserted joint family and beneficial rights and the accrual of limitation depended on disputed facts. The suit was therefore allowed to proceed to trial. Case-Laws Benami Property Fri, 11 Jan 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286041