ARTICLE
27 July 2026

SC Holds That Courts Must Pierce ‘Clever Drafting’ And Summarily Reject Plaints Seeking To Enforce Illegal Arrangements Such As Benami Transactions

AP
AZB & Partners

Contributor

AZB & Partners is one of India's premier law firms with 500+ lawyers and offices across the country. The firm was founded in 2004 with a clear purpose to provide reliable, practical and full–service advice to clients, across all sectors. Having grown steadily since its inception, AZB & Partners now has offices across Mumbai, Delhi, Bangalore, Pune and Chennai. We are recognized by most international publications for our legal expertise.
The SC in Manjula v. D.A. Srinivas[1] inter alia, held that Courts considering an application under Order VII Rule 11 of the CPC must undertake a meaningful and substantive reading of the plaint and curtail frivolous suits which are barred by law by piercing the veil of clever drafting.
India Corporate/Commercial Law
AZB & Partners are most popular:
  • within Strategy, Environment and International Law topic(s)
  • with Senior Company Executives and HR
  • with readers working within the Accounting & Consultancy and Law Firm industries

The SC in Manjula v. D.A. Srinivas1 inter alia, held that Courts considering an application under Order VII Rule 11 of the CPC must undertake a meaningful and substantive reading of the plaint and curtail frivolous suits which are barred by law by piercing the veil of clever drafting. The SC held that, although the plaint was filed seeking declaratory reliefs on the basis of an alleged will, a holistic reading of the plaint revealed that the concerned property was benami in nature and the suit sought judicial recognition of benami transaction which is prohibited by law.

Footnote

1. Manjula v. D.A. Srinivas, 2026 SCC OnLine SC 831.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More