VALMIKI J. MEHTA, J. (ORAL)

C.M. No. 8372/2012 (Exemption)

Application allowed, subject to all just exceptions.

C.M. stands disposed of.

C.M. No. 8337/2012 (U/O 22 Rule 4 CPC)

Since respondent No.2 is stated to have died after the filing of the appeal in the Registry, the application is allowed, and the legal heir of respondent No.2 as stated in para 4 of this application, is brought on record.

C.M. stands disposed of.

C.M. No. 8336/2012 (Delay in re-filing) and C.M. No. 8335/2012 (Delay in filing)

Though, in my opinion, prima facie, there does not appear to be a good ground for condonation of huge delay of 202 days in re-filing the appeal, since however, I have heard the appeal on merits, I am allowing the application for delay in filing and re-filing the appeal subject to just exceptions.

C.M. stands disposed of.

RFA No. 207/2012

1. The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 2.4.2011 dismissing the suit and/or rejecting the plaint by holding that the same is barred by Benami Transactions (Prohibition) Act, 1988 and also by limitation.