1990 (2) TMI 16

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..... ed for declaration of title and some other consequential reliefs which are not relevant for disposal of this revision petition. The plaintiff filed I.A No. 101 of 1989 under Order 6, rule 17, Civil Procedure Code, 1908, praying for amendment of the plaint. The amendment which is sought is as under : "Delete : 'is only benamidar and he is real owner and in fact he' and substitute : 'in a fiduciar .....

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..... ection 4(3)(b) of the Act. There is no inconsistency in the stand of the plaintiff. By the proposed amendment, the plaintiff pleads that this is particular type of benami transaction which comes under section 4(3)(b). It does not amount to a new case. At this stage, it is not necessary to consider whether in fact the said plea of the plaintiff is true or not. In view of the above the defendants .....

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