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2020 (9) TMI 451 - HC - Benami PropertyBenami transaction made in the name of the person and his brother or sister with both their names jointly occurring in any document - Exemption u/s 2(9)(A)(iv) - HELD THAT:- Trial Court has gone into the merits of the amendments and has virtually found that the petitioner is not eligible to claim the benefits of the aforementioned exemption under Section 2(9)(A)(iv) - It was not within the province of the Trial Court to have entered into the merits of the contentions of the petitioner at that stage; and all that it could have considered was whether the amendments were liable to be allowed under the ambit of Order VI Rule 17 of the CPC and nothing more nothing less. Of course, the contention of Sri.Narendra Kumar is that the suit itself is not maintainable before the Trial Court and that it ought to have been transferred to the competent Adjudicating Authority under the Act but it does not, in any manner, impact the application for amendment sought for by the petitioner because, even if the suit is found liable to be transferred to the Adjudicating Authority, then the said authority would have to consider it on its merits, before moving forward. This aspect has also not been considered by the Trial Court and for this reason, cannot find in favour of the impugned order. Ext.P4 interim application filed by the petitioner, requires to be reconsidered by the Trial Court, also adverting to the assertions of Sri.Narendra Kumar that the provisions of the Act enjoins it to transfer the suit to the appropriate Adjudicating Authority, even before the amendments can be considered. Original Petition is allowed, leading to Ext.P7 order being set aside; with a consequential direction to the Trial Court to reconsider Ext.P4.
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