1990 (5) TMI 23

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ich an amendment in the plaint has been allowed but a direction has been issued that the plaintiffs will not be entitled to lead any fresh evidence as the plea taken by way of amendment was for the purpose of elaborating the plea which existed in the plaint. The plaintiff-petitioners, by instituting a suit for declaration, have challenged the sale deed executed by their father, Notan Dass, in favo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nsel for the plaintiff -petitioners has argued that since the amendment was allowed, the right of leading evidence should have been given to the petitioners. After hearing counsel for the parties and after giving my thoughtful consideration to the entire matter, I am of the view that the trial court has acted rightly in declining to allow the petitioner to lead fresh evidence because the plea ha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s only for the purpose of elaborating an existing plea. In fact, much can be said about the plea of benami transaction in view of the Benami Transactions (Prohibition) Act of 1988 and the case law available on the point but since the amendment has been allowed and no revision has been filed by the defendant-vendees, this court is disinclined to take suo motu action for setting aside the order allo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X