RAJESH DHAMIJA Vs. INDER KUMAR DHAMIJA

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India impugns the order dtd. 27/1/2024 passed by the Additional District Judge-02, North West, Rohini Courts, Delhi in CS DJ 579051/2016 titled as 'Inder Kumar Dhamija vs Vidya Dhamija and Ors' whereby the learned Trial Court dismissed an application under Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter 'CPC') as well as an application under Sec. 151 of the CPC read with Order XVIII Rule 17 of the CPC. The petitioners are the defendants and the respondent no.1 is the plaintiff before the learned Trial Court.

(2.) The respondent no.1 herein preferred a suit for partition under the claim of a benami transaction between his father and step mother. It is the case of the respondent no.1 that his father had sold the self-acquired property bearing No.AH-70, Shalimar Bagh, Delhi and that his father purchased another property bearing No.AP-47, Shalimar Bagh, Delhi by way of a benami transaction in the name of the petitioner no.2 as well as the step mother of the respondent no.1.

(3.) That during trial, once the respondent no.1/plaintiff had filed its evidence and completed evidence, the petitioner no.2/defendant no.2 proceeded to file her evidence, which was completed on the same day. On the next date of hearing, i.e. 4/10/2023, the newly engaged counsel preferred an application under Order VII Rule 11 of the CPC stating that the suit was barred under the Benami Transactions (Prohibitions) Act, 1988 (hereinafter 'the Act') , which came to be dismissed on the same date.