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2017 (1) TMI 1793 - MADHYA PRADESH HIGH COURTBenami Transaction - whether the claim is on the basis of 'Benami Transaction' or not will be determined after completion of evidence? - HELD THAT:- As relying on ANAND KUMAR AND ANOTHER VERSUS VIJAY KUMAR [2012 (4) TMI 773 - MADHYA PRADESH HIGH COURT] it is safe to deduce that the submission of the respondent that, the transaction referred to in the plaint occurred in the year 1971 and 1972 and therefore, the Act of 1988 will not defeat the same, is ill-founded as the prohibition under the Act bars any claim or suit or action on the basis of a 'Benami Transaction'. Therefore what is relevant, the date on which the suit has been filed and not the date of transaction itself which may be prior to coming into force of the Act of 1988 but the suit has been filed after introduction of the Act of 1988. Further, upon perusal of the plaint, this Court has no hesitation in concluding that the averments in the plaint referred to the 'Benami Transaction' as the basis of claiming title. Thus, the plaint deserves to be rejected in terms of under Order 7, Rule 11, Civil Procedure Code.
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