SOHAN LAL MEHTA Vs. SHIV DASS MEHTA

JUDGEMENT

(1.) THE suit out of which this petition under section 118(sic) of the Code of Civil Procedure by the Plaintiff has arisen was for possession by partition of a half share in the property alleged to be jointly owned by the Plaintiff and the Defendant. The suit was filed on the 8th of August 1972. During the pendency, on the 15th of November 1972, Section 281 -A was added to the Income -Tax Act. On the 2nd of September, 1975 the Plaintiff made an application under Rule 10 of Order 1, Rule 17 of Order 6, and section, 151 of the Code of Civil Procedure praying for amendment of the plaint and addition of three persons as party Defendants or the plea that they were holding part of the property in suit benami. By the impugned order the learned trial Judge has dismissed the application holding that the provisions of Sub -section (1) of Section 281 -A of the Income -Tax Act are a bar thereto.

(2.) THE provisions of Sub -section (1) of Section 281 -A are reproduced below for facility of reference:

(3.) IN the result, the petition is dismissed with costs.