https://www.taxtmi.com/caselaws?id=398332 At the stage of an Order VI Rule 17 CPC amendment application, the court must confine itself to the permissibility of the proposed pleading change and not decide contested merits or statutory entitlement questions requiring evidence. The trial court erred by examining benami-related objections and the claimed exception under Section 2(9)(A)(iv) of the Prohibition of Benami Transactions Act while rejecting the amendment. Those issues were left open for consideration on evidence or by the competent forum if necessary. The impugned order was set aside, and the amendment application was directed to be reconsidered in accordance with law after hearing both sides. en-us Mon, 10 Aug 2020 00:00:00 +0530 Sat, 12 Sep 2020 14:24:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=398332 At the stage of an Order VI Rule 17 CPC amendment application, the court must confine itself to the permissibility of the proposed pleading change and not decide contested merits or statutory entitlement questions requiring evidence. The trial court erred by examining benami-related objections and the claimed exception under Section 2(9)(A)(iv) of the Prohibition of Benami Transactions Act while rejecting the amendment. Those issues were left open for consideration on evidence or by the competent forum if necessary. The impugned order was set aside, and the amendment application was directed to be reconsidered in accordance with law after hearing both sides. Case-Laws Benami Property Mon, 10 Aug 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=398332