https://www.taxtmi.com/caselaws?id=437459 A plaint can be rejected under Order VII Rule 11(d) only when the bar of law is clear from the plaint averments. On the pleaded facts, the suit did not attract Section 4 of the Benami Transactions (Prohibition) Act, 1988, because the plaintiff claimed that he had purchased the property in his mother's name, paid the consideration, and later received a release deed in his favour; the suit was framed on interference with his alleged ownership and possession. The benami bar was therefore not apparent on the face of the plaint, and rejection of the plaint was unwarranted. The refusal to reject the plaint was sustained. en-us Mon, 27 Feb 2023 00:00:00 +0530 Sat, 06 May 2023 10:09:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=437459 A plaint can be rejected under Order VII Rule 11(d) only when the bar of law is clear from the plaint averments. On the pleaded facts, the suit did not attract Section 4 of the Benami Transactions (Prohibition) Act, 1988, because the plaintiff claimed that he had purchased the property in his mother's name, paid the consideration, and later received a release deed in his favour; the suit was framed on interference with his alleged ownership and possession. The benami bar was therefore not apparent on the face of the plaint, and rejection of the plaint was unwarranted. The refusal to reject the plaint was sustained. Case-Laws Benami Property Mon, 27 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=437459