ASHEEMA SAMANTRAY Vs. NAMITA SINGH AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 18.05.2013 passed by the learned Civil Judge (Senior Division), Puri in C.S. No. 237 of 2013 allowing an application filed under Order 7, Rule 11 of C.P.C. to reject the plaint.

(2.) The brief facts of the case are that the petitioner as plaintiff filed C.S. No. 237 of 2013 before the learned Civil Judge (Senior Division), Puri for permanent injunction. Along with the plaint the plaintiff also filed an application under Order 39, Rules 1 and 2 of C.P.C. for temporary injunction, which was registered as I.A. No. 113 of 2013.

(3.) The opposite parties-defendants appeared in the suit through caveat and filed an application under Order 7, Rule 11 of C.P.C. to reject the plaint inter alia taking a stand that the suit is barred by law under the provisions of Benami Transactions (Prohibition) Act, 1988 in view of the plea of Benami Transaction taken by the plaintiff between one Jayakrushna and defendant No. 2. The pleading disclose no cause of action against the defendants, hence the plaint is liable to be rejected. The plaintiff filed her objection to the said application contending that the suit is not barred under the provisions of Benami Transactions (Prohibition) Act, 1988 as the said Act has got prospective effect and in this case the Sale Deed challenged by the plaintiff were of the year 1972 and 1974. The title of the property is sub judice between the parties before the Commissioner, Consolidation therefore the present suit for permanent injunctions is maintainable.