HAWALDAR BIRDA RAM BURDAK Vs. MOHAN LAL

JUDGEMENT

(1.) THIS civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (for short 'CPC') is directed against the order dated 07.12.2007 passed by the Additional District Judge No. 7, Jaipur City, Jaipur (for short 'the trial Court') in Civil Suit No. 136/2006, whereby the application filed by the defendant -petitioner under Order 7 Rule 11 CPC was dismissed.

(2.) I have heard Learned Counsel for the petitioner and carefully gone through the order impugned as also the plaint filed by the plaintiff -nonpetitioner for specific performance of the contract and permanent injunction.

(3.) IT is contended by the Learned Counsel for the petitioner that the suit is barred by law as it is hit by the provisions of Benami Transaction Prohibition Act, 1988.