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Pooja Khandelwal (Smt.) & Anr. vs. Suresh Chand Gupta & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Benami Transactions (Prohibition) Act, 1988–Sec. 2(9)–Application for rejection of plaint–Dismissal of–Suit for declaration, possession and permanent injunction–Objection of limitation–Plaintiffs have not sought the declaration/cancellation of the sale deed–Their claim up to the effect that the property was purchased in name of their son and actual consideration was paid by them–Suit is not hit by the provisions of Act of 1988–Issue of payment of consideration amount can be raised in the written statement and it can be considered after framing the issues–Held, application was rightly dismissed.