JUGRAJ K. RANKA Vs. MULCHAND K. RANKA

JUDGEMENT

(1.) By this appeal, the appellantplaintiffs assail the order dated 11 February 2014 passed by the learned Single Judge. The impugned order dated 11th February 2014 raised a preliminary issue to be tried under Section 9A of the Code of Civil Procedure, 1908 (herein after referred to as 'CPC').

(2.) The appellantsplaintiffs have filed the present suit for a declaration that defendant No.1 holds share of 50% in defendant No.34 firm for and on behalf of the appellantplaintiffs. The basis for the aforesaid claim made by the appellantplaintiffs is the following:

(3.) In the aforesaid suit, the appellantplaintiffs have taken out the Notice of Motion, seeking an appointment of Court Receiver and a temporary injunction restraining the defendants from developing the suit property. In reply, defendants resisted the Notice of Motion pointing out that there is no fiduciary relationship between plaintiffs and defendant No.1. Further, in any event, the present suit is not maintainable under the provisions of the Benami Transactions (Prohibition) Act, 1988 (herein after referred to as 'Benami Act').