MANMOHAN SINGH, J.

1. The application IA no.10911/2006 under Order VI 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 brief facts are that the two plaintiffs namely Shri Harjit Singh and Sh. Narender Singh, who are the sons of Sardar Ravel Singh, (defendant no.1 herein, deceased now), and brothers of defendant nos.2 and 3, Shri Daljit Singh and Sh. Gurmeet Singh, have filed the suit for partition and permanent injunction praying therein that a preliminary decree for partition be passed declaring that the plaintiffs have one half share in part of property no.9/56, Kirti Nagar Industrial Area, New Delhi.

4. The main contention of the plaintiffs in the suit is that out of joint family funds and earnings of joint family busines