2020 (3) TMI 1108

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..... ainst the order dated 7/1/2020 passed by 17th Additional District Judge, Gwalior in Civil Suit No.4B/2014, by which the application filed by the petitioner under Order XIV Rule 2 read with Order VII Rule 11 CPC has been dismissed. The necessary facts for disposal of the present revision in short are that the respondents have filed a suit for refund of the advance amount paid to the petitioner at .....

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..... under Order VII Rule 11 CPC. It is further submitted that the money is also a property and to buttress his contentions, the counsel for the petitioner has relied upon the judgment passed by the Supreme Court in the case of R. Rajagopal Reddy (dead) by L.Rs. and others Vs. Padmini Chandrasekharan (dead) by L.Rs. reported in AIR 1996 SC 238, judgment passed by this Court in the case of Anand Kumar .....

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..... t no.1 for entering into an agreement to sell. The Supreme Court in the case of Pawan Kumar Gupta Vs. Rochiram Nagdeo reported in (1999) 4 SCC 243 has held as under:- "29. Section 2(a) of the Benami Act defines benami transaction as "any transaction in which property is transferred to one person for a consideration paid or provided by another person". The word "provided" in the said clause c .....

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..... enami Act cannot be understood in a different sense. Any other interpretation is likely to harm the interest of persons involved in genuine transactions, e.g., a purchaser of land might have availed himself of loan facilities from banks to make up purchase money. Could it be said that since the money was provided by the bank it was a benami transaction? 30. We are, therefore, not inclined to ac .....

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..... Under these circumstances, this Court is of the considered opinion that the trial court did not commit any mistake by rejecting the application filed under Order VII Rule 11 CPC. Ex consequenti, the order dated 7/1/2020 passed by 17th Additional District Judge, Gwalior in Civil Suit No.4B/2014 is hereby affirmed. The petition fails and is hereby dismissed.
Case laws, Decisions, Judgements, .....

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