AIR 2021 (NOC) 73 (M.P.) ::AIROnline 2020 MP 473

Madhya Pradesh High Court ( Indore Bench )

Hon'ble Judge(s): Rohit Arya , J

(A) Civil Procedure Code (5 of 1908) O. 41, R. 23— Remand of case — Validity — Suit for declaration of sale deed in favour of defendant as void — Defendant seeking dismissal of suit on ground that suit is barred by Act of 1988 as there is prohibition to enforce any right in respect of any property held as benami as per S. 3(2) — Appellate Court held that if property is purchased by any person in name of his wife or unmarried daughter then there shall be presumption that said property has been purchased for benefit of wife or unmarried daughter unless contrary is proved and remanded case for fresh trial — Defendant remained ex parte before Trial Court and never raised objection as to maintainability of suit — Remand of case, proper. Benami Transactions (Prohibition) Act (45 of 1988), S. 3(2) (as Amended by Benami Transactions (Prohibition) Amendment Act, 2016). (Para 7)