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2019 (4) TMI 232 - SUPREME COURTMaintainability of plaint - rejection of the plaint on the ground that the suit was barred under Section 4 of the Benami Transaction (Prohibition) Act, 1988 - Prohibition of the right to recover property held benami - Whether the matter comes within the purview of Section 4(3) of the Act? Held that:- Whether the plea raised by the appellant is barred under Section 4 of the Act or not could not have been the subject matter of assessment at the stage when application under Order VII Rule 11 CPC was taken up for consideration. The matter required fuller and final consideration after the evidence was led by the parties. It cannot be said that the plea of the appellant as raised on the face of it, was barred under the Act. The approach must be to proceed on a demurrer and see whether accepting the averments in the plaint the suit is barred by any law or not. The application preferred by the second defendant under Order VII Rule 11 CPC is dismissed - appeal allowed.
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