https://www.taxtmi.com/caselaws?id=286385 A plaint cannot be rejected under Order VII Rule 11(d) where the alleged bar under the Benami law depends on rival factual assertions and the pleaded exception for property purchased in a close relative's name requires evidence. The HC held that such a dispute cannot be conclusively determined at the rejection stage, so the suit was not rejected on the benami ground. It also held that limitation could not be finally decided at that stage because the plaint contained an explanation and the issue required trial. The suit was therefore directed to proceed, with status quo maintained. en-us Fri, 10 Aug 2018 00:00:00 +0530 Mon, 24 Feb 2020 21:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286385 A plaint cannot be rejected under Order VII Rule 11(d) where the alleged bar under the Benami law depends on rival factual assertions and the pleaded exception for property purchased in a close relative's name requires evidence. The HC held that such a dispute cannot be conclusively determined at the rejection stage, so the suit was not rejected on the benami ground. It also held that limitation could not be finally decided at that stage because the plaint contained an explanation and the issue required trial. The suit was therefore directed to proceed, with status quo maintained. Case-Laws Benami Property Fri, 10 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286385