( 1 ) THIS Rule, which arises out of an application under Article 227 of the Constitution, is directed against the order of the Subordinate Judge, Balurghat, allowing on appeal the application for pre-emption of the opposite party. The principal question that is involved in this Rule is whether the learned Subordinate Judge was justified in allowing the application for amendment filed by the opposite party.

( 2 ) BY two deeds of sale, both dated Dec. 8, 1972, the petitioner purchased portions of plot No. 2867 appertaining to a raiyati holding, from two co-sharers of the same. On March 20, 1973, the opposite party, who is a co-sharer of the holding by purchase, made an application for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 against the petitioner. On Jan. 19, 1974 the opposite party made an application for amendment of the application for pre-emption. In the application for preemption, the opposite party claimed that she was a co-sharer and, as such, she was entitled to pre-empt the petitioner. By the application for amendment, the opposite party claimed to pre-empt the petitioner on the ground of vicinage as provided in Section 8 of th