VidhiSangh

Supreme Court of India · 19/05/2025

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

[2025] 7 S.C.R. 69 · 2025 INSC 739

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Summary

Refusal to reject the plaint under Order VII Rule 11 CPC in a family suit for partition of alleged joint Hindu family properties was upheld: whether the properties are held benami, or fall within the exceptions to a benami transaction under Section 2(9) of the Benami Transactions (Prohibition) Act, 1988, is a question of fact to be decided on evidence and not on the plaint alone, and Section 14 of the Hindu Succession Act, 1956 bars no suit. Special leave petitions by a defendant who had never sought rejection and by a subsequent purchaser were dismissed.

Issues

  1. Whether the plaint in a suit for partition, declaration and injunction over alleged joint Hindu family properties is liable to be rejected under Order VII Rule 11(d) CPC as barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988.
  2. Whether defendant No. 2, who neither moved the application under Order VII Rule 11 nor challenged its rejection in revision, could assail the orders before the Supreme Court.
  3. Whether subsequent purchasers of some of the suit properties were the appropriate persons to seek rejection of the plaint on the ground that the properties were held benami.
  4. Whether a plea that the suit is barred by Section 14 of the Hindu Succession Act, 1956, raised for the first time in the special leave petition, could be entertained, and whether that provision bars such a suit.
  5. Whether any prejudice or miscarriage of justice warranted interference under Article 136 of the Constitution.

Provisions considered

Held

Result

Special leave petitions dismissed; the orders of the trial court and of the High Court in revision refusing to reject the plaint under Order VII Rule 11 CPC stand, and the suit is to proceed on merits.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 69.