- (1.) This revisional application under Section 115 of the Code of Civil Procedure is at the Instance of defendants in a suit for declaration and is directed against order No. 24 dated December 20,1990 passed by the learned Assistant District Judge, First Court, Alipore in Title Suit No. 14 of 1990 thereby rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint.
(2.) The opposite party brought the aforesaid suit being Title Suit No. 14 of 1990 for declaration that her father Dr. Sudhanshu Kumar Roy, since deceased, was the real and actual owner of the suit property which he acquired in the benam of his wife the defendant No. 3 and for further declaration that the opposite party has 1/4th share in the suit property after the death of her father.
(3.) After entering appearance in the suit, the present petitioners, who are two brothers and the mother of the opposite party filed an application under Order 7 Rule 11 of the Code for rejection of the plaint on the ground that the said plaint wan liable to be rejected to view of the fact that the suit appears from the statement made in the plaint to be barred by Section 4 (1) of the Benami Transaction (Prohibition) Act, 1988 ("Act").;