https://www.taxtmi.com/caselaws?id=433869 At the stage of Order 7 Rule 11 CPC, a plaint can be rejected only on the basis of its own averments and not on disputed questions requiring evidence. Whether a transaction is benami, whether Section 4 of the Benami Transactions (Prohibition) Act bars the suit, and whether any exception under Section 2(9) applies are factual matters that cannot be decided at threshold from the plaint alone. The court must see only whether the bar appears on the face of the pleadings; where proof is needed, the suit must proceed to evidence and merits. en-us Fri, 27 Jan 2023 00:00:00 +0530 Sat, 11 Feb 2023 09:43:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=433869 At the stage of Order 7 Rule 11 CPC, a plaint can be rejected only on the basis of its own averments and not on disputed questions requiring evidence. Whether a transaction is benami, whether Section 4 of the Benami Transactions (Prohibition) Act bars the suit, and whether any exception under Section 2(9) applies are factual matters that cannot be decided at threshold from the plaint alone. The court must see only whether the bar appears on the face of the pleadings; where proof is needed, the suit must proceed to evidence and merits. Case-Laws Benami Property Fri, 27 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=433869