SARDAR HARJIT SINGH Vs. SARDAR RAVEL SINGH

JUDGEMENT

(1.) THE application IA. No. 10911/2006 under Order 6 Rule 17 read with Section 151, CPC filed by the plaintiff No. 1 when listed before this Court for disposal on 02.02.2009, Shri Kirti Uppal, appearing on behalf of the defendant nos.1 to 3, has raised an objection that in view of order dated 04.05.2006 and 03.01.2007, the suit itself is not maintainable and the question of maintainability of the suit should also be decided along with the application.

(2.) I have heard the learned counsel for the parties on both the aspects of the matter.

(3.) THE main contention of the plaintiffs in the suit is that out of joint family funds and earnings of joint family business, the defendant No. 1 acquired properties i.e. (a) 217-218, Double Storey, New Rajinder Nagar, New Delhi and (b) 9/56, Kirti Nagar Industrial Area, New Delhi. The property No. 217-218, Double Storey, New Rajinder Nagar, New Delhi was acquired by defendant No. 1 in the joint names of defendant No1 and his wife Smt. Rajinder Kaur where the plaintiffs and defendants along with Smt. Rajinder Kaur were residing. According to the plaintiffs, the said property was mortgaged for carrying on partnership business with Punjab & Sind Bank in which defendant No. 2 was also a partner, who then retired and took his share in both movable and immovable properties and went abroad leaving the family in difficulties.