JUDGMENT

Saurabh Banerjee, J. - Appellant/ original plaintiff vide present appeal seeks to set-aside the Impugned Judgment and Decree dated 05.05.2016 Hereinafter referred as 'Impugned Judgment' whereby the learned Single Judge, exercising powers under Order XII rule 6 of the Code of Civil Procedure, 19082 passed a decree dismissing the suit of appellant as per Section 2(2), of the Code with respect to all the five ancestral properties detailed hereinafter, save and except, granting liberty to appellant, being a daughter of late Gen. Budh Singh3, owner of the Barota, Sonepat land, for approaching the competent court qua one of said the property situated beyond jurisdiction of this Court and also held the suit being barred by the Benami Transactions (Prohibition) Act, 1988, as admitted and/ or undisputed position of the pleadings and documents did not show existence of HUF and its properties.

2. Parties herein are lineal descendants of late General as appellant and respondent no. 6/ original defendant no. 6 are his daughters whereas respondent nos. 1 to 5/ original defendant nos. 1 to 5 are the legal heirs of late Mr. Anup Singh, son of late General and brother of appellant and respo