GH RASOOL WANI Vs. GH QADIR RATHER

JUDGEMENT

(1.) THIS revision is directed against the order dated 12 -11 -1992 passed by Sub -Judge (3rd Subordinate Judge Forest Magistrate), Srinagar in the above titled suit for declaration and pre -emption; where under learned trial Judge has rejected the application for amendment of the pleadings moved by the petitioner/plaintiff.

(2.) FACTS in brief which have given rise to the present petition are that a civil suit for pre -emption seems to have been filed in the trial court on 8 -4 -1988 which came to be numbered as Civil Suit No: 3 and was exercise of pre -emptory right vis ƒ   -vis land purported to have been sold under survey No. 935 besides other lands and in this suit written statement was filed by the defendants on 23 -8 -1988.

(3.) IN the written statement defendants at Para No. 3 have pointed out that: "Para 3 of the plaint is denied. Defendant No. 2 has purchased 14 marlas of land under Survey No. 925 and the same was purchased within the knowledge of the plaintiff."