Code of Civil Procedure, 1908–Order 14, Rule 2–Benami Transaction (Prohibition) Act, 1988–Sec. 4–Denial from deciding the issue of barred by law as preliminary issue–Appreciation of–Trial Court noted that plaintiff pleaded a fiduciary relationship with the defendant in the case set up by him and, therefore, whether the provisions of Sec. 4 will attract or not, was the matter of evidence–Held, application was rightly dismissed.
