Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 15---Civil Procedure Code (V of 1908), 0.11, R.3---Plaintiff joining two sale transactions in a single suit for pre-emption---Validity---Impugned transactions though on behalf of different persons and finalised through two -different mutations were sanctioned on the same date---In suit for pre­emption, pre-emptor and vendee were the only necessary parties, therefore, plaintiff could join against same vendee several causes of action---Plaintiff had rightly joined two sale transactions in a single suit for if he had filed separate suits even then they had to be consolidated as common questions of law and fact regarding right of pre-emption of parties and determination of market value would have been involved---Provisions of O.II, R.3, Civil Procedure Code, 1908, permitted plaintiff to join both transactions in one suit, therefore, he availed of such remedy and there was nothing illegal or material irregularity in the course adopted by him. (b) Punjab Pre-emption Act (I of 1913)--- ----S.15---Civil Procedure Code (V of 1908), S. 99---Two sale transactions joined in a single suit for pre-emption ---High Court found. that there was misjoinder of causes of action and on that score ordered remand of case for filing two separate suits for trial---Validity---High Court even if was of the view that there was misjoinder of causes of action it could ignore it in view of mandatory provisions of S. 99, Civil Procedure Code, 1908, which postulate that not decree could be reversed or modified for error or irregularity not affecting merits or, jurisdiction---Judgment of High Court ordering separate trial was not maintainable in circumstances. (c) Punjab Pre-emption Act (I of 1913)--- ----S.15---Civil Procedure Code (V of 1908), OXIV, R. 5---Issues in suit not properly framed by Trial Court; question of improvement not properly determined; copies of Revenue Record not properly proved and parties did not appear as their own witnesses---Judgments and decrees of Courts below were set aside and case was remanded to Trial Court for decision afresh after framing proper issues and allowing opportunity to parties to lead evidence thereon.…

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