TIRATH DASS CHOUDHARY Vs. JAIDEVI BAI

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Additional District Judge dated 15th October, 1992, by which an application under Order VII Rule 11 CPC preferred by the respondent/defendant was allowed and the suit filed by the appellant/plaintiff was dismissed by virtue of operation of Section 4 of the Benami Transaction Act, 1988 (hereinafter referred to as the Act).

(2.) The briefly stated facts of the case are as follows:

(3.) Since the suit has been dismissed in view of the application filed under Order VII Rule 11 CPC, the relevant provisions of Order VII Rule 11 are set out as under: