https://www.taxtmi.com/caselaws?id=771021 Gujarat HC dismissed defendant's application under Order VII Rule 11 CPC seeking rejection of plaint filed after 18 years. Plaintiff sought possession claiming breach of 1989 understanding when defendant executed sale deed in 2006, constituting first breach of faith. Court held limitation and Benami Transaction Act issues were triable matters requiring oral evidence, not suitable for summary disposal. Despite 18-year delay, plaintiff's claim of discovering breach only in 2006 created triable issue. Court emphasized drastic powers under Order VII Rule 11 should not be exercised when plaint discloses cause of action requiring trial determination. en-us Mon, 05 May 2025 00:00:00 +0530 Tue, 20 May 2025 08:53:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=771021 Gujarat HC dismissed defendant's application under Order VII Rule 11 CPC seeking rejection of plaint filed after 18 years. Plaintiff sought possession claiming breach of 1989 understanding when defendant executed sale deed in 2006, constituting first breach of faith. Court held limitation and Benami Transaction Act issues were triable matters requiring oral evidence, not suitable for summary disposal. Despite 18-year delay, plaintiff's claim of discovering breach only in 2006 created triable issue. Court emphasized drastic powers under Order VII Rule 11 should not be exercised when plaint discloses cause of action requiring trial determination. Case-Laws Benami Property Mon, 05 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=771021