- (1.) THIS revision under Section 115, Civil Procedure Code (hereinafter referred to as the Code), has arisen in the following circumstances.
(2.) ONE Dalip Singh brought a suit for possession by pre-emption was claimed on the ground of relationship and it was claimed that the pre-emptor was brother's son of the vendor. During the pendency of the suit, Dalip Singh plaintiff died. His legal representatives being the children applied for being brought on the record of such. this application was allowed and the legal representatives were directed to file the amended plaint, which was filed on 3rd July, 1970. It may be stated here that the suit was constituted on 26th June, 1968.
(3.) ON 22nd July, 1970, the legal representatives (hereinafter referred to as the plaintiffs) filed an application under Order VI, Rule 17 of the Code seeking amendment of the plaint by addition of a new sub-para in paragraph 4 of the plaint to the following effect: " that Dalip Singh father of the plaintiffs was a co-sharer in the suit land and since he is dead and the present plaintiffs have succeeded to his estate, so they are co-sharers in the suit lnd. Accordingly, they have got superior right of pre-emption in sit land on this ground as well. " As already stated, in paragraph 4 of the plaint the ground for claiming superior right of pre-emption taken was that of relationship, being brother's son of the vendor.;