JUDGMENT :

SANDEEP JAIN, J.

1. The instant first appeal has been filed by the plaintiff under Section 96 of the CPC against the impugned judgment and decree dated 30.8.2025 passed by the court of Civil Judge(Senior Division) Meerut in O.S. No. 782 of 2006 Sunil Kumar Dublish vs. Ramesh Chand Dublish(deceased through LR) and others, whereby the defendant's application 89-C under Order 7 Rule 11 CPC has been allowed and consequently, the plaint has been rejected on the ground that the suit is barred under Section 4(1) of the Benami Transactions(Prohibition) Act, 1988, hereinafter referred to as the 'Act of 1988'.

2. Factual matrix is that the plaintiff- appellant Sunil Kumar Dublish filed O.S. No. 782 of 2006 with the averments that that the plaintiff and defendant no.1 Ramesh Chand Dublish and defendant no.2 Smt. Sarla Dublish belong to the same family, the defendant no.1 is the father of the plaintiff and defendant no.2 is the mother of the plaintiff. It was averred that the predecessors of the plaintiff and above defendants Late Shanti Saran Dublish was the owner in possession of certain agricultural property, which was described in para 3 of the plaint situated in village Mawana Kal