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21.02.2023

I.A. 2687/2020(U.O. VII R. XI of CPC)

1.

This application has been preferred for rejection of a plaint

which has come to be instituted in a suit for partition.

2.

Mr. Rohatgi, learned counsel appearing for the Applicant has

vehemently urged that although the plaint seeks to assert that a Hindu

Undivided Family [HUF] came into being and as a consequence of which

the minor Plaintiff obtained a right and interest therein by virtue of birth,

the pleadings taken in the plaint are wholly insufficient and unsupported by

any evidence. Taking the Court through the plaint which has been filed, Mr.

Rohatgi, pointed out that apart from the various assertions made with

respect to meetings and oral statements attributed to parties, the plaint

neither places on the record any documentary evidence nor any statutory

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record which may have indicated that an HUF came into being and that the

nature of the properties was changed in terms thereof. According to Mr.

Rohta