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2017 (2) TMI 1478 - HC - Benami PropertyProhibition of benami transactions - Prohibition of the right to recover property held benami - Suit barred by the Benami Transaction (Prohibition) Act, 1988? - HELD THAT:- Section 3 contemplates prohibition of benami transactions, whereas Section 4 contemplates prohibition of the right to recover property held benami. This transaction, if examined in the light of Sections 3 and 4 of the Act, what could be inferred is the plaintiff had invested in the transaction as a benami. Order VIIRule 11(1)(d) of CPC provides that where the suit appears from the statement in the plaint to be barred by any law, the plaint shall be rejected. The averments of the plaint itself clearly establishes that the suit is barred by the Act. Thus, the rejection of the plaint by the trial Court cannot be found fault with. The judgments referred to by the appellant are rendered in a different context which are not applicable to the facts of the present case. From plaint averments read with under Order 7 Rule 11(1)(d) of CPC and the provisions of the Act, this Court is of the considered opinion that the suit filed by the plaintiff is hit by the provisions of the Act and requires to be rejected as barred by the provisions of the Benami Transaction (Prohibition) Act,1988. The plaint averments exclusively reflects that the suit is barred by law. There is no prohibition in rejecting the plaint at the threshold sans going into the ordeal of trial.
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