GHULAM 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, whereunder 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 preemption 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-a-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: