Supreme Court · 2019 INSC 454 · Decided 2 April 2019
Pawan Kumar v. Babulal Since Deceased Through LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 454 · [2019] 5 S.C.R. 1141
- Case number
- CIVIL APPEAL No. 3367/2019
- Decided
- 2 April 2019
- Bench
- UDAY UMESH LALIT, INDU MALHOTRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: Or. VII r.11 - Application under - In a suit for declaration of title - Seeking rejection of plaint on the ground that the suit was barred u/s. 4 of Benami Transaction (Prohibition) Act - Trial Court allowing the application rejected the trial court - On appeal, plea that the case was covered by s. 4(3) of the Benami Transaction Act - Held: The question whether the plaint was barred u/s. 4 of the Act or not could not have been subject matter of assessment at the stage when application u/Or. VII r.11 was taken up
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