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BIBHAS RANJAN DE
Shaikh Sabir Ali – Appellant
Versus
Sk. Afsar Ali – Respondent
JUDGMENT :
(Bibhas Ranjan De, J.)
1. The instant civil revision application has been filed challenging the order dated 16.01.2020 passed by the Ld. Civil Judge (Senior Division) 2nd Court, Hooghly in connection with Title Suit No. 9 of 2018.
Backdrop:-
2. The opposite party herein being the plaintiffs filed a suit before the Ld. Civil Judge (Senior Division) 2nd Court, Hooghly with a prayer for declaration, partition and injunction in connection with the Title Suit No. 9 of 2018 wherein the defendants/revisionist appeared and filed their written statements. In course of the Title Suit, the petitioner filed an application under Order 7 Rule 11 of the Civil Procedure Code (for short CPC) with a prayer for dismissal of the suit being barred by the law of limitation as well as Section 4 of the Benami Transaction Prohibition Act, 1988 (for short Act of 1988).
3. The said application was taken up for hearing by the Ld. Judge and vide the impugned order the Ld. Judge rejected the application filed by the petitioner herein. Being aggrieved and dissatisfied, the petitioner has preferred the instant civil revision application.
Arguments:-
4. Ld. Counsel, Mr. Tanmoy Mukherjee, appearing on behalf o
The court emphasized that dismissal under Order 7 Rule 11 requires clear evidence of legal bar, and mixed questions of fact and law necessitate a trial.
The prohibition on benami property transactions does not apply when the purchaser is a coparcener in a Hindu Undivided Family unless solid proof suggests otherwise.
A suit challenging a sale deed filed after the limitation period is barred and must be dismissed, emphasizing the necessity of disclosing a valid cause of action and proper valuation.
The rejection of the plaint on the ground of limitation is a mixed question of fact and law, and the application under Order VII Rule 11 CPC is to be decided based on the averments in the plaint.
The mere existence of a familial relationship does not constitute a fiduciary relationship necessary to exempt a transaction from the bar of the Benami Transactions (Prohibition) Act.
The prohibition against suits concerning benami transactions under Section 4(1) of the Benami Transactions Act is applicable, and such provisions must be evaluated within the context of the law's ena....
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