2023 (2) TMI 385

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....agat For the Petitioner : Shri Avinash Zargar- Advocate For the Respondents : Shri Ram Prasad Khare - Advocate ORDER Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dated 20.09.2021. 2. Petitioner, who is defendant before the trial Court, has filed an application for proposed amendment in the counter claim. Said amendment application was rej....

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.... order. It is submitted that as per Section 4(1) of Prohibition of Benami Property Transactions Act, 1988, no suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie or on behalf of a person claiming to be the real owner of such property. Placing reliance on said provision, counsel....

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....the parties. 6. Section 4 of the Prohibition of Benami Property Transactions Act, 1988 is as under:- "4. Prohibition of the right to recover property held benami- (1) No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real o....