File under Art 227 concerned dismissal of petition under Order VII Rule 11 CPC. Pt failed to appear. HC held objections regarding maintainability and Benami Act to be decided later at trial hearing. Application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14849 of 2013
======================================================
Guleshwar Devi @ Gayatri Devi W/O Sri Lata Singh Resident Of VillageBathani, P.O- Bathani, P.S- Namachak Bhathani, District-Gaya., At Present Resident Of Mohalla- Patel Nagar (Rajgir), P.S- Rajgir, P.O- Rajgir, DisttNalanda.
.... .... Petitioner
Versus
.... .... Respondent
====================================================== Appearance : For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER
This application has been filed under Article 227 of the Constitution of India questioning the legal validity of the impugned order by which the learned court below has dismissed the petition of the defendant-petitioner under Order VII Rule 11.
The defendant-petitioner has raised objection regarding maintainability of the suit on the ground that the suit property was Stridhan and self acquisition of the defendant-petitioner and was not an acquisition by the joint family. The learned court below has considered the facts and circumstances of the case and has rightly come to the conclusion that the objections raised by the defendantpetitioner including the objection regarding the bar under the
Patna High Court CWJC No.14849 of 2013 (3) dt.09-12-2016
2
provisions of Benami Transaction Act are appropriately to be decided at the time of hearing of the suit on the issue of maintainability of the suit. This Court has not been persuaded to hold that the learned court below has exercised its jurisdiction illegally.
This application is accordingly dismissed.
Snkumar/-
U
3 issues framed by the court
Whether the objection raised by the petitioner regarding maintainability of the suit in view of bar under provisions of Benami Transaction Act was correctly once again decided by the lower court.
Whether the learned court below exercised its jurisdiction illegally in dismissing the reservation under Order VII Rule 11
Whether the Benami Transaction Act provisions are to be decided at the time of hearing of the suit on the issue of maintainability of the suit
3 provisions across 3 enactments
Guleshwar Devi @ Gayatri Devi W/O Sri Lata Singh
Devendra Prasad Singh S/O Sri Lala Singh
Ram Janam Sharma S/O Lala Singh
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
