Code of Civil Procedure, 1908–Order 6, Rule 17–Benami Transaction Act, 1988–Application for amendment in plaint–Dismissal of–Appreciation–Suit has been reached at the stage of plaintiff’s evidence–Amendment application was hit by the proviso to Order 6, Rule 17–Further, in the suit for specific performance, issues as regard to effect that whether the defendants nos. 2 and 3 had the financial capacity to buy the property or whether sale to them was bonafide or not or the transaction was hit by the provisions of Benami Transaction Act, are neither germane nor relevant–Held, no error was committed by trial Court in rejecting the application.
