ASHUTOSH KUMAR, J.

1. Bikramjit Ahluwalia, appellant/defendant no.1, has challenged the order dated 21.04.2016 passed in I.A No. 1360/2012 in CS (OS) No. 2202/2011 whereby the application preferred by him under Order VII rule 11 CPC for rejection of the plaint of the minor plaintiff (Avnija Ahluwalia through her mother) has been rejected. Though the challenge, initially, was against the entire order whereby the application for rejection of plaint was dismissed with actual costs; the actual cost being what had been incurred by the plaintiff from the date of filing of the application under Order VII Rule 11 CPC till the date of its dismissal, but finding no fault with the order dismissing the prayer for rejecting the plaint, a limited notice to the respondent was issued on the question of imposition of “actual cost”.

2. The appellant/defendant No.1 is the grandfather of the minor plaintiff and he, by the aforesaid application under Order VII Rule 11 CPC, sought to deny/refute the assertion of the plaintiff that an HUF was created by the father of the appellant around the year 1968.

3. It would be relevant here in this context to state that the suit by the minor plaintiff had b