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    <title>2023 (7) TMI 1136 - DELHI HIGH COURT</title>
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    <description>A plaint may be rejected under Order VII Rule 11 CPC where its own averments show no real cause of action and the claim is barred by law. Here, the pleadings ed purchase of the property in the recorded owner&#039;s name, yet asserted joint or partnership ownership on inconsistent facts without a coherent basis to displace title. The benami plea was barred by the Benami Property Transactions Act, 1988, as no legally sufficient fiduciary-capacity exception was pleaded. The challenge to the sale deed was also time-barred, the transaction dating back well beyond the applicable limitation period. The Hindu Succession Act plea likewise failed, as the property stood in the woman&#039;s exclusive name and was treated as her absolute property.</description>
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    <pubDate>Thu, 06 Jul 2023 00:00:00 +0530</pubDate>
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      <title>2023 (7) TMI 1136 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=440863</link>
      <description>A plaint may be rejected under Order VII Rule 11 CPC where its own averments show no real cause of action and the claim is barred by law. Here, the pleadings ed purchase of the property in the recorded owner&#039;s name, yet asserted joint or partnership ownership on inconsistent facts without a coherent basis to displace title. The benami plea was barred by the Benami Property Transactions Act, 1988, as no legally sufficient fiduciary-capacity exception was pleaded. The challenge to the sale deed was also time-barred, the transaction dating back well beyond the applicable limitation period. The Hindu Succession Act plea likewise failed, as the property stood in the woman&#039;s exclusive name and was treated as her absolute property.</description>
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      <pubDate>Thu, 06 Jul 2023 00:00:00 +0530</pubDate>
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