AIROnline 2025 SC 373

Supreme Court Of India

(From : AIROnline 2022 MP 353)

Hon'ble Judge(s): Pankaj Mithal, Ahsanuddin Amanullah , JJ

Civil P.C. (5 of 1908) , O.7 R.11— Benami Transactions (Prohibition) Act (45 of 1988) , S.4— Hindu Succession Act (30 of 1956) , S.14— Rejection of plaint - Application for - Challenge against rejection of - Defendants had prayed for rejection of plaint in suit for partition on the ground of being barred by Benami Act and S. 14 of Hindu Succession Act - Suit properties were described as joint family properties in plaint - Issue whether property is benami and is not covered by any exception, is an issue of fact to be decided on the basis of evidence and not on mere averments contained in plaint - Plea regarding suit being barred by S 14 of Hindu Succession Act was raised for the first time before Supreme Court - Said provision only provides that property possessed by a female Hindu shall be held by her as a full owner and does not bar or prohibit a suit in respect of such a property - Plaintiffs had right to get necessary relevant issues framed in suit including that of suit being barred by any provision of law - No prejudice was caused to defendant due to rejection of application u/o 7 r 11 CPC so as to permit them to avail discretionary jurisdiction of Supreme Court under art 136 of Constitution Constitution of India , Art.136— AIR 2019 SC (Supp) 116-Followed (Para 25 28 30 31 ....