( 1 ) THESE theree IAS have been moved on identical grounds on behalf of the defendants 2, 3 and 5. Therefore, this order will dispose of all these IAS.

( 2 ) IT is alleged in these IAS that the present suit is directed against defendant No, 1 who is alleged to have taken some loan from the plaintiff. The substance of the allegations in the plaint are that defendant No. 1 diverted the loan amounts to defendants 2, 3 and 5 and acquired assets in their names. In other words the plaintiff, so it is alleged, has set up the case of benami against the defendants. It is then alleged that without prejudice to the rights and contentions of the defendants herein and also without admitting in any manner, any of the allegations made in the plaint, the defendants submit that in view of the Benami Transactions (Prohibition) Act, 1988 (hereinafter called the first Act), the plaintiff is not entitled to maintain any suit on the basis of the plea of benami. Therefore the suit of the plaintiff should be dismissed against defendants 2, 3 and 5. The replies in these IAS on behalf of the plaintiff are identical. It was denied that the present suit was directed against defendant No. I on