VALMIKI J. M, J.

1. The issue to be decided in the present suit, which is fixed for framing of issues, is as to whether on the facts as averred in the plaint, the requisite legal cause of action of existence of HUF and its properties is or is not made out. The parents of the plaintiff, defendant nos. 1 and 2 are now around 82 years of age and they plead that harassment caused to them by filing of this false and frivolous suit must come to an end inasmuch as, plaint itself does not show existence of any legal cause of action for claiming the reliefs with respect to the various properties referred to in the plaint.

2. In the forenoon today itself I have passed a detailed judgment in the case of Sh. Surender Kumar Vs. Sh. Dhani Ram and Others, CS (OS) No. 1737/2012 dismissing the suit for lacking the necessary ingredients of law as required for existence of HUF and its properties and since the ratio of that judgment would be directly applicable in the present case, at the outset let me reproduce the relevant paras of that judgment as under:-

“I.A. No.17622/2012 (filed by defendant no.1 under Order VII Rule 11 CPC) & CS (OS) No.1737/2012

1. This application is filed by the d