9911796707
TMI Blog2023 (2) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... n ground of limitation - HELD THAT:- Once a suit is filed only then Court can examine whether pleadings made in the suit is barred by law or not and suit is to be dismissed or not. A person cannot be stopped from filing the suit. Bar is to be examined subsequently. In view of aforesaid facts and circumstances of the case, it is found that trial Court has committed an error in dismissing the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and further trial Court has examined the merits of the application. 3. Counsel appearing for petitioner submitted that evidence of plaintiff is yet begun and trial has not commenced, therefore, trial Court has committed an error of law in dismissing the application on ground of delay. It is also submitted that trial Court or Court considering application for proposed amendment shall not go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents submitted that since suit or claim cannot lie before the Court on basis of the Prohibition of Benami Property Transaction Act, 1988, therefore, Court below has rightly dismissed the application for amendment. It is submitted that it is not the intention of law that first applicant will be permitted to file an application for proposed amendment on facts which are barred under the law and once ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... property. (2) No defence based on any right in respect of any property held benami , whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property. 7. Once a suit is filed only then Court can examine whether pleadings made in the suit is bar ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
