MUHAMAD HASAN KHAN Vs. L BHIKHARI LAL

JUDGEMENT

(1.) This is a Letters Patent Appeal- The plaintiff had filed a suit No. 262 of 1943 for pre-emption. The defendants-vendees had claimed that they were not strangers and that the plaintiff was, therefore, not entitled to claim pre-emption as against them. The suit was decreed by the trial Court on a finding that the defendants-vendees were strangers and that the vendor had, therefore, no right to sell the property to them in preference to the plain-tiff. This decree was affirmed by the lower appellate Court, and the appeal filed there on behalf of the defendants was dismissed. After the dismissal of the appeal the defendants-vendees filed an application for review on the ground that they had discovered some fresh documentary evidence which clearly proved that they were co-sharers and were not strangers.

(2.) Order 47, Rule 1, Civil P. C., is in the these terms.

(3.) The memorandum of appeal is accordingly rejected and the application for stay is also dismissed.