GURMUKH SINGH Vs. DALIP SINGH

JUDGEMENT

(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: