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Baheti Education Trust vs. Nemaram & Ors.

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Code of Civil Procedure, 1908–Order 16, Rule 6–Rejection of application–Justification–Suit for partition–Prayer up to effect that the Income-Tax Department has initiated the proceedings pertaining to the transaction of questioned land–Therefore, the entire file of that proceedings be directed to be produced–Specific allegation in the plaint rather the same is one of the basis of filing of the suit–Conclusion of trial Court as regards to irrelevancy of documents is erroneous–Further, rejection of application on the basis of provisions of Sec. 4 of Benami Transaction Act is also not justified as the third parties are not prevented from alleging and/or proving the said aspect–Application deserves to be allowed.