SMT. SHAIFALI GUPTA versus SMT. VIDYA DEVI GUPTA & ORS.

SMT. SHAIFALI GUPTA versus SMT. VIDYA DEVI GUPTA & ORS.

The plaint could not be rejected under Order VII Rule 11 CPC because on its face it did not show without doubt that the suit was barred by the Benami Act; the characterisation of the properties as benami or within statutory exceptions is a disputed question of fact to be decided on evidence; subsequent purchasers lack personal knowledge to seek rejection and defendant No.2 acquiesced to trial court jurisdiction; thus courts below correctly refused to reject the plaint and the SLPs were dismissed.

Parties
Plaintiff: Smt. Vidya Devi Gupta; Plaintiff: Shri Sudeep Gupta; Defendant: Sandeep Gupta; Defendant: Smt. Shaifali Gupta; Defendant: Siddharth Gupta; Defendant: Shantanu Gupta; Defendant: Deepak Lalchandani; Defendant: Surya Prakash Mishra; Defendant: Smt. Shalini Gupta; Defendant: Sankalp Gupta
Jurisdiction
India
Judgment Date
19 May 2025
Procedural Posture
Special Leave Petition (civil) / SLP Challenging High Court Order Dismissing Civil Revision Against Trial Court Order on Order VII Rule 11 CPC
Outcome
Special Leave Petitions dismissed
Legal Topics
Rejection of Plaint, Benami Transaction, Joint Hindu Family Property, Order VII Rule 11 CPC, Section 4 Benami Transaction (prohibition) Act, 1988, Section 14 Hindu Succession Act, 1956
Civil Procedure Property Law Family Law Rejection of Plaint Benami Transaction Joint Hindu Family Property Order VII Rule 11 CPC Section 4 Benami Transaction (prohibition) Act, 1988 +1 more

Case Brief

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Parties

Smt. Vidya Devi Gupta

Plaintiff

Shri Sudeep Gupta

Plaintiff

Sandeep Gupta

Defendant

Smt. Shaifali Gupta

Defendant

Siddharth Gupta

Defendant

Shantanu Gupta

Defendant

Deepak Lalchandani

Defendant

Surya Prakash Mishra

Defendant

Smt. Shalini Gupta

Defendant

Sankalp Gupta

Defendant

Procedural Posture

Special Leave Petition (civil) / SLP Challenging High Court Order Dismissing Civil Revision Against Trial Court Order on Order VII Rule 11 CPC

Legal Issues

  1. 1 Whether the plaint was liable to be rejected under Order VII Rule 11 CPC as barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988
  2. 2 Whether the suit properties are benami properties or Joint Hindu Family properties and therefore whether the suit is maintainable
  3. 3 Whether Section 14 of the Hindu Succession Act, 1956 bars the suit

Ratio Decidendi

The plaint could not be rejected under Order VII Rule 11 CPC because on its face it did not show without doubt that the suit was barred by the Benami Act; the characterisation of the properties as benami or within statutory exceptions is a disputed question of fact to be decided on evidence; subsequent purchasers lack personal knowledge to seek rejection and defendant No.2 acquiesced to trial court jurisdiction; thus courts below correctly refused to reject the plaint and the SLPs were dismissed.

Court Disposition

Special Leave Petitions dismissed

Orders

  • Special Leave Petitions dismissed
  • Order dated 25.02.2019 of the trial court rejecting application under Order VII Rule 11 CPC upheld