https://www.taxtmi.com/caselaws?id=398601 In an application for rejection of plaint under Order VII Rule 11 CPC, the court must confine itself to the plaint averments and cannot examine the defence in the written statement. A plea that the suit property was benami, that the purchaser lacked independent means, or that the transaction was fiduciary in nature raised disputed questions of fact requiring evidence. Rejection of the plaint was therefore impermissible at that stage, and the challenge based on the Benami Transactions (Prohibition) Act, 1988 failed. en-us Wed, 29 Jul 2020 00:00:00 +0530 Sat, 19 Sep 2020 19:34:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=398601 In an application for rejection of plaint under Order VII Rule 11 CPC, the court must confine itself to the plaint averments and cannot examine the defence in the written statement. A plea that the suit property was benami, that the purchaser lacked independent means, or that the transaction was fiduciary in nature raised disputed questions of fact requiring evidence. Rejection of the plaint was therefore impermissible at that stage, and the challenge based on the Benami Transactions (Prohibition) Act, 1988 failed. Case-Laws Benami Property Wed, 29 Jul 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=398601