TMI Blog2018 (8) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 11 CPC, and the plaint has been rejected by applying the repealed provision of Section 3(2) of the Act which was no longer applicable, and by ignoring the provision of Section 2(9)(A)(b) Exception (iii) which was applicable, the impugned judgment is hence illegal and is set aside. Whether or not the appellant/plaintiff/husband will or will not have the benefit of Section 2(9)(A)(b) Exception (iii) is a matter of fact which requires trial and such a suit cannot be rejected at the threshold by applying Order VII Rule 11 CPC. Appeal allowed - decided in favor of appellant. - RFA No.522/2017 and C.M. No.19306/2017(stay) - - - Dated:- 7-8-2018 - MR. VALMIKI J.MEHTA, J. For The Appellant : Mr. M. Sufian Siddiqui, Advocate with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t lacs has been paid by the Plaintiff from the sources which are as follows: Fixed deposit matures on 19.05.2001 Rs.69,085 Sale of shares of Reliance Industries Rs.63,000 Sold Janta Flat in Tagore Garden (Property was in the name of Plaintiff) - Rs.1,85,000 Provident fund 28.05.2001 - Rs.79,600 Personal loan secured from CitiBank - ₹ 80,000 Personal loan taken from Brother- In-law and returned to Sister vide cheque - Rs.60,000 Rest of the amount was arranged by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ately, the trial court has committed a grave and fundamental error in rejecting the suit plaint under Order VII Rule 11 CPC by relying upon the provision of Section 4 and repealed provision of Section 3(2) of the Benami Transactions (Prohibition) Act. When the impugned judgment was passed on 19.12.2016, what was, and is now applicable is the Prohibition of Benami Property Transactions Act, 1988 which became applicable w.e.f 1.11.2016. As per Section 2(9) of the Amended Act what is a Benami Transaction is stated/specified, and also those transactions which are not benami are are also stated/specified. As per the suit plaint/averments, in the present case the existence of the properties in the name of the respondent/defendant/wife will fall a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
