ANIL BHASIN Vs. VIJAY KUMAR BHASIN

JUDGEMENT

(1.) An interesting question has arisen regarding the interplay of the provisions of the Sections 2(a), 3(2) and 4(3) of the Benami Transactions (Prohibition) Act, 1988 by which Sections 81 and 82 in Chapter IX of the Indian Trusts Act, 1982, were deleted in the year 1988, while side by side with the enacting of the Benami Act.

(2.) This application (I.A. No. 8243/2001) has been preferred by the plaintiff under Order 6 Rule 17 of the Code of Civil Procedure, seeking leave to amend the plaint, by incorporating inter-alia, the following prayers: I. Plaintiff wishes to add sub-para to the existing para 3, which is as under:

(3.) The objection of the defendant is that the averments sought to be included by amendment, are hit by the Benami Transactions (Prohibition) Act 1988, and as such cannot be allowed. Reliance is placed upon the decision of the Hon'ble Himachal High Court in the case reported as Dr. Om Prakash Rawal v. Mr. Justice Amrit Lai Bahri, AIR 1994 HP 27, wherein it has been inter alia held as under: