https://www.taxtmi.com/caselaws?id=415157 A plaint cannot be rejected under Order VII Rule 11 CPC merely because the defendant disputes title or the maintainability of the relief. The court may consider only the plaint averments and accompanying documents at that stage, and here those pleadings were sufficient to disclose a cause of action because the property was pleaded to have been purchased in the petitioner's name for the children's benefit and alienation was alleged. Whether the transaction was benami and whether the purchase was made from the petitioner's own funds were factual disputes requiring trial evidence, not summary determination. The refusal to reject the plaint at the threshold was therefore upheld. en-us Thu, 21 Oct 2021 00:00:00 +0530 Fri, 26 Nov 2021 13:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415157 A plaint cannot be rejected under Order VII Rule 11 CPC merely because the defendant disputes title or the maintainability of the relief. The court may consider only the plaint averments and accompanying documents at that stage, and here those pleadings were sufficient to disclose a cause of action because the property was pleaded to have been purchased in the petitioner's name for the children's benefit and alienation was alleged. Whether the transaction was benami and whether the purchase was made from the petitioner's own funds were factual disputes requiring trial evidence, not summary determination. The refusal to reject the plaint at the threshold was therefore upheld. Case-Laws Indian Laws Thu, 21 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415157