Code of Civil Procedure, 1908–Order 7, Rule 11–Benami Transaction (Prohibition) Act, 1988–Sec. 4(3)–Rejection of suit as barred by law–Justification–Whether the suit comes in the perview of Sec. 4(3) of the Act, is an aspect which must be gone into on the strength of the evidence on record–It could not have been assessed at the stage when the application under Order 7, Rule 11 was taken up for consideration–Impugned order is set aside and trial Court is directed for expeditious trial of suit.
