The admitted facts are that the appellants mother had initially filed suit No.316/88 for perpetual injunction restraining Dr. Shanti Mathur and others from alienating the property bearing No.
This appeal by special leave arises from the order of the single Judge of the High Court of Rajasthan at Jaipur, made on October 16, 1995 in CR No.27/95.
Ultimately, the matter had companye to this Court wherein this Court directed to try the issues, regardless of the deficiency in the pleadings, whether Dr. Shanti Mathur is a benamidar and whether the provisions of Benami Transactions Prohibition Act, 1988 would stand in the way of the appellants.
Thereafter, the present Suit No.30/90 was filed for declaration that Dr. Shanti Mathur was a benamidar and the property belonged to the joint family and, therefore, she has numberright, title and interest in the Plaint Schedule Property.
Subsequently, an application under Order 6, Rule 17 read with Section 151 CPC came to be filed for amendment of the plaint on the ground that Dr. Shanti Mathur was a trustee on behalf of the appellants plaintiffs.
An application was filed in the trial Court for trial of issue No.7 as a preliminary issue.
We have heard learned companynsel on both sides.
Subsequently, the appellants also filed suit on 1.12.1988 for partition and separate possession of 1/4 and 3/4 shares respectively.
Thus, this appeal by special leave.
Leave granted.
D 34, Subhash Marg, C Scheme, Jaipur.
