KANHAIYA AND ANOTHER Vs. HUKAM SINGH AND ANOTHER

JUDGEMENT

(1.) This petition is directed against the order of the trial Court allowing application of Hukam Singh-plaintiff-pre-emtor, seeking amendment of the plaint by addition of Bishnu vendee as defendant.

(2.) The salient facts are that Hukam Singh filed suit for possession of the entire demised property by pre-emption against Kanhaiya and his son Sube Singh. In their written statement the said two defendants raised an objection that the suit was for partial pre-emption, inasmuch as Bishnu the third vendee, had not been impleaded as defendant. After the expiry of the period of limitation, Hukam Chand on 20.1.1978 applied for amendment of the plant by adding Bishnu as defendant. The controversy whether such a relief was permissible to a pre-emptor or not has now been set at rest by an authoritative pronouncement of the Supreme Court in Munshi Ram v. Narsi Ram and another,1982 2 SCC 8.

(3.) Section 21 of the Limitation Act, '1963 governing the case in hands, reads :-