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Suit can’t be rejected outrightly u/s 4(3) of unamended Benami Act
Case Law Details
- Case Name
- Neeru Dhir and Ors. Vs Kamal Kishore Dhir and Ors. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Neeru Dhir and Ors. Vs Kamal Kishore Dhir and Ors. (Delhi High Court)
Conclusion: Suit ought not to have been rejected outright under Order VII Rule 11 CPC on the ground that the pleas taken by the appellants/plaintiffs were barred under Section 4(3) of the unamended Benami Act. It would therefore be imperative to weigh the evidence in the instant case for the court to conclusively decide as to whether the appellants/plaintiffs can succeed in their claim that the respondent No.1 was holding the suit premises in a fiduciary capacity, for the benefit of all the family members.
Held: The three pl...
