DHAN SINGH Vs. HIRDE RAM SWARAN

JUDGEMENT

(1.) This is vendee's appeal in pre-emption suit against whom suit has been decreed by both the courts below.

(2.) The plaintiffs pre-emptor claimed his right of pre-emption on the basis of his being father's brother's son of the vendor and also a co-sharer in the land out of which the suit land has been sold. The trial Court found that the plaintiff is proved to be the co-sharer and as such he has right to pre-empt the same by virtue of Section 15 of the Punjab Pre-emption Act. Consequently, the plaintiff's suit was decreed. In appeal, the learned Addl. District Judge affirmed the said finding of the trial Court and thus maintained the decree passed in favour of the plaintiffs.

(3.) During the pendency of this appeal, Civil Misc. No. 1184-C of 1987 was filed by the vendee-appellants under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure. By way the said application, they wanted to bring on record the order of the Assistant Collector 2nd Grade, Nilokheri dated 17th August, 1984 which reads as under: