https://www.taxtmi.com/caselaws?id=414739 In an application for rejection of a plaint under Order VII Rule 11 CPC, the court must examine only the plaint averments as a whole. If those averments disclose a cause of action and do not on their face show a statutory bar, rejection is not warranted. On the pleaded facts, the alleged purchase of property in the defendant's name with funds provided by the father, coupled with an asserted oral arrangement to hold the property in trust and transfer it on majority, was sufficient to found a cause of action. The benami objection was treated as inapplicable at the threshold in view of the fiduciary-capacity exception, and the registration objection was regarded as a defence issue. en-us Tue, 27 Jul 2021 00:00:00 +0530 Tue, 16 Nov 2021 09:30:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=414739 In an application for rejection of a plaint under Order VII Rule 11 CPC, the court must examine only the plaint averments as a whole. If those averments disclose a cause of action and do not on their face show a statutory bar, rejection is not warranted. On the pleaded facts, the alleged purchase of property in the defendant's name with funds provided by the father, coupled with an asserted oral arrangement to hold the property in trust and transfer it on majority, was sufficient to found a cause of action. The benami objection was treated as inapplicable at the threshold in view of the fiduciary-capacity exception, and the registration objection was regarded as a defence issue. Case-Laws Benami Property Tue, 27 Jul 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=414739