Sabyasachi Bhattacharyya, J. - (1.) The grievance of the defendants/ petitioners is that Title Suit No. 207 of 2016, filed before the Civil Judge (Senior Division), Serampore, for partition and consequential reliefs, is palpably barred by the Benami Transactions (Prohibition) Act, 1988, as amended.
(2.) The defendants/petitioners prayed for the issue of maintainability of the suit, in view of the bar under the said Act, to be taken up first as a preliminary issue under order XIV Rule 2 of the Code of Civil Procedure. By virtue of the impugned order dated December 18, 2017 the trial Court has not even dealt with the issue on merits but cursorily rejected such application of the defendants, thereby relegating the issue to a full trial on evidence.
(3.) From a perusal of Sections 4, 45 and 65 of the aforesaid Act, as it stands amended in 2016, it is evident that there may be substance in the point taken by the defendants/petitioners in view of the nature of the pleadings as averred in the plaint, in so far as the suit being barred under such provisions is concerned.;