VALMIKI J. MEHTA, J.

1. When this suit came up for hearing for admission on 19.12.2017, the following order was passed:-

“IA No.15284/2017

1. Allowed, subject to just exceptions.

2. IA stands disposed of.

CS(OS) 682/2017 & IA No.15284/2017 (u/O 39, Rules 1&2 CPC)

3. In my prima facie opinion, the subject suit is not maintainable and would be hit by the ratio of the judgment delivered by this Court in the case of Surender Kumar vs. Dhani Ram, 227 (2016) DLT 217.

4. This Court is so observing because inheritance of ancestral properties after 1956 does no longer create an HUF/Joint Hindu Family. For a Joint Hindu Family/HUF to come into existence after 1956 for the first time, it is necessary that an HUF is created by throwing the property in common hotchpotch. The present plaint does not show creation of an HUF by throwing into common hotchpotch of a property or properties after 1956.

5. The only other way HUF could have come into existence was if there was inheritance of ancestral property prior to 1956, i.e. prior to passing of the Hindu Succession Act, 1956, and which Joint Hindu Family/HUF would have continued after 1956. Even this cause of action is conspicuous by its absence