GURUSWAMI GANGA NAIKAR Vs. VAISHALI MOHAN KSHIRSAGAR

JUDGEMENT

(1.) Admit. By consent of parties taken up for hearing and final disposal.

(2.) This appeal takes exception to the judgment and order passed by the learned Single Judge dated 8th Feb., 2017 passed in Notice of Motion (Lodging) No. 3241 of 2016 in Suit No. 929 of 2016. This Notice of Motion (Lodg) No. 3241 of 2016 was filed by the 1st defendant (Respondent No.1 in this appeal) for rejection of the plaint under Order 7 Rule 11 (d) of the Civil Procedure Code, 1908 (for short the "CPC").

(3.) Initially, relief was claimed under Order 7 Rule 11(d) on two grounds. The first was that the suit is barred by virtue of Sec. 4 of the Benami Transactions (Prohibition) Act, 1988. The second was that the suit was barred in view of Sec. 34 of the Specific Relief Act, 1963. As far as the second contention is concerned, it no longer survives after the amendment of the Suit and which was permitted by the learned Single Judge earlier. It was in these circumstances that the Advocate appearing for the defendants did not press for rejection of the plaint on the basis of Sec. 34 of the Specific Relief Act.