Shaifali Gupta vs Vidya Devi Gupta 2025 INSC 739 - CPC - Rejection Of Plaint - Benami Transaction
Code of Civil Procedure 1908 - Order VII Rule 11 (d) ; Benami Transaction (Prohibition) Act, 1988 - Section 4 - For rejecting a plaint, the test is whether from the statement made in the plaint it appears without doubt or dispute that the suit is barred by any statutory provision. Where a plea is taken that the suit is saved by the exception to the benami transaction, it becomes the disputed question of fact which has to be adjudicated on the basis of the evidence. Therefore, the plaint cannot be rejected at the stage of consideration of application under Order VII Rule 11 CPC- The issue whether the property is benami and is not covered by the exception, is again an issue to be decided on the basis of evidence and not simply on mere averments contained in the plaint. The defendants have to adduce evidence to prove the property to be benami - Referred to Pawan Kumar vs. Babu Lal (2019) 4 SCC 367 (Para 28-29)
Hindu Succession Act, 1956 - Section 14 - Section 14 simply provides that the property possessed by a female Hindu shall be held by her as a full owner. It does not bar or prohibit a suit in respect of such a property. (Para 31)
