Jurisdiction of civil courts is not exclusive barred in terms of Section 43 of Benami Act.بے نامی

Jurisdiction of civil courts is not exclusive barred in terms of Section 43 of Benami Act. It is from the pleadings of the parties and the issues framed therein, on case to case basis, which will be the determining factors as to whether the matter agitated in a particular case falls within the ouster clause i.e., Section 43 or the exceptions thereof i.e., sub-clause (i) and (ii) of Section 2(8)(A)(b).