KRISHAN Vs. CHARAN SINGH

JUDGEMENT

(1.) The plaintiff-petitioner is the minor son of defendant-respondent No. 5. Defendant-respondent No. 5, along with his brothers Surat Singh, Om Parkash and Raghbir Singh, alienated a double-storyed house described in the plaint to defendant-respondent No. 1. The plaintiff-petitioner through his next friend sought to pre-empt the said sale. By an application under Order 6, Rule 17 Code of Civil Procedure, he sought to amend the plaint by additionally describing himself as nephew of defendants 2 to 4. This application was dismissed by the trial Court, vide its order dated 21.12.1976, which has been challenged in this revision petition.

(2.) The application was dismissed on the strength of the ratio of four decisions of this Court reported in Smt. Gurdip Kaur v. Kehar Singh and another,1971 PunLR 384; Gurmukh Singh v. Dalip Singh and others, 1971 73 PunLR 830; Gela Ram and others v. Kailash Nath and others, 1976 78 PunLR 330and Shanker Singh v. Chanan Singh, 1968 CurLJ 363.

(3.) In my opinion, ratio of neither of the aforesaid decision relied upon by the trial Court in support of its decision is attracted to the facts of the present case. In Smt. Gurdip Kaur's case, the facts were that landed property and house were sold, but the plaintiff-pre-emptor did not include the house and sought to do so after the period of limitation had expired. In Gurmukh Singh's case, the facts were that the pre-emptor first sought to pre-empt on the ground of preferential relationship and later on, after the expiry of the period of limitation, sought to add the ground of superior right on the basis of co-sharership. In the case of Gela Ram and others, one of the vendees had not been impleaded as the defendant and was sought to be so impleaded after the period of limitation had expired. In Shanker Singh's case, the facts were that pre-emptor stated that he was a collateral of the vendor and had a preferential right over the vendee-defendant. He, after the expiry of the period of limitation, sought to mention the exact relationship with the vendor.