UMAR DARAZ Vs. SRI RAM DAS

JUDGEMENT

(1.) We are of opinion that this case has been rightly decided in the Courts below. The decision no doubt has been on technical grounds, but as the learned Judge of the lower appellate Court has observed, the law of pre-emption is a highly technical law.

(2.) The suit for pre-emption, which was filed by two plaintiffs, Umar Daraz and his minor son Rafiq Ahmad, failed on the ground that Umar Daraz, being a person who was entitled to bring a claim for preemption with regard to the sale in question, associated in his claim his minor son, who had no such interest as entitled him to claim pre-emption. In fact the Courts below have treated the son as a stranger and consequently, applying the law, which has always been followed in this Court and as it has been expounded in Bhawani Prasad V/s. Damru (1882) 5 All. 197, they have dismissed the suit.

(3.) When the case came up here, Mr. Haidar, who appears on behalf of the appellants, in order to cure the defect in the suit, has asked us to remove the name of the minor Rafiq Ahmad from the appeal and allow the appeal to be continued only by the first plaintiff, Omar Daraz.