1. I have heard counsel for the parties at some length today on the following two preliminary issues that were framed under Section 9A of the Code of Civil Procedure, 1908 (“CPC”) on 8th December 2014 in the suit filed on 30th July 2014.

(a) Whether the Suit as filed is barred under the provisions of the Benami Transactions Act?

(b) Whether the Suit is barred by limitation?

2. Before I proceed to the merits, I note that not only has the Plaintiff, Sabita Narang (“Sabita”) on previous occasions declined to lead any evidence on either of these preliminary issues but even more startling, when, earlier this morning, after having heard Ms. Iyer for Sabita for a little over an hour, I asked her to take instructions, she was only able to say that Sabita would even then not step into the witness box. Sabita has been in Court throughout the day today. Ms. Iyer twice sought and was granted leave including over the lunch recess to consult with her client. I indicated that I was even now, at any time before I began dictating judgment in Court, prepared to allow Sabita to lead such evidence as she thought necessary for the purposes of these two preliminary issues. I did so because I was di