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PANKAJ MITHAL, AHSANUDDIN AMANULLAH
Shaifali Gupta – Appellant
Versus
Vidya Devi Gupta – Respondent
JUDGMENT :
(Pankaj Mithal, J.)
1. These two special leave petitions have been preferred, one by the contesting defendant No.2 to the suit and the other by one of the subsequent purchasers (defendant No.5) of some of the suit properties against the rejection of an application under Order VII Rule 11 of Code of Civil Procedure1[In short ‘CPC’] by the court of first instance as well as the High Court in revision.
2. Special Leave Petition (C) No.4673/20232[Smt. Shaifali Gupta vs. Smt. Vidya Devi Gupta & Ors.] preferred by the main contesting defendant to the suit is taken up as the lead case, therefore, the facts as stated therein and the parties as described therein shall be narrated and taken as a base.
3. The two plaintiffs i.e. the mother and the son being Smt. Vidya Devi Gupta (plaintiff No.1) and Shri Sudeep Gupta (plaintiff No.2) instituted a Regular Suit No.630A/2018 against the other son of plaintiff No.1 i.e. Sandeep Gupta (defendant No.1) and his wife Smt. Shaifali Gupta (defendant No.2). In the said suit, the two sons of the defendant No.1 namely Siddharth Gupta and Shantanu Gupta were arrayed as defendant Nos.3 and 4. The wife of the plaintiff No.2, Smt. Shalini Gupta and hi
Rejection of plaint – In absence of any bar contained in Section 14 of Benami Transactions (Prohibition) Act, 1988, suit plaint is not liable to be rejected as barred by law.
The court held that a claim for property belonging to a joint Hindu family is not barred as benami under the Prohibition of Benami Property Transactions Act when purchased with family funds, requirin....
Advocates appeared :For the Appellant : V. K. Bhardwaj, Rohit Batham For the Respondent : Sumant Mishra
The court held that the rejection of the plaint was improper as the plaintiff sufficiently alleged that the property did not qualify as benami under the exceptions provided in the Benami Transactions....
At the stage of Order VII Rule 11 of the CPC, the Court cannot go into the veracity of the pleas taken in the plaint or its truthfulness. The same can only be tested in a trial.
A Hindu wife cannot seek partition of her husband's self-acquired property during his lifetime; such rights only arise upon his death.
The main legal point established in the judgment is the court's authority to restrain a party from alienating properties during the pendency of a civil suit, based on the principles of prima facie ca....
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