Law:

Section:

Punjab Pre-emption Act (I of 1913)---Ss. 4 & 15-Pre-emption suit-Plaintiffs applying for amendment of plaint on ground of description of land as given to plaint being somewhat incorrect but their request turned down on ground of their inability to give correct field numbers-Petitioners plaintiffs having remedy of getting decree rectified in case objection to its execution taken in execution proceedings, or by way of appeal against main decree if same not concerning correct land, entertainment of petition for leave to appeal and expression of any opinion on merits of plea regarding identity of land declined test it may prejudice one side or other.­[Plaint]. ORDER KARAM ELAHEE CHAUHAN, J.-The petitioners-plaintiffs filed a pre­emption suit which stands decreed in their favour on 24-2-1980, for the land shown in their plaint and the corresponding sale-deed. 2. During the pendency of that suit and before its decretal by the trial Court the plaintiffs/petitioners on 24-1-1980 filed an application for amendment of the plaint pleading that the description of the land as given in the plaint was somewhat incorrect. However, as the plaintiffs could not indicate as to what were the correct field numbers, the amendment/application was dismissed by the learned Civil Judge by a composite order dated 20-2-1980 whereby at the same time as abovementioned the suit was decreed with reference to land as described in the plaint/sale-deed. A Revision being C. R. 346/80 against that portion of the order, which had disallowed the amendment was dis­missed by the High Court on 19-3-1980. The petitioner/plaintiffs have come up in a petition for special leave to appeal against the same to this Court. 3. As the petitioners have remedy for getting the decree rectified in case objection to its execution is taken in execution proceedings, or by way o appeal against the main decree, if it is not regarding the correct land, we d not want to entertain this petition or to express any opinion on the merits o the plea now sought to be advanced regarding identity of the land lest it ma prejudice…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492