PRATAP KUMAR RAY, J.

( 1 ) THIS application under Article 227 of the Constitution of India has been filed by the plaintiff of Title Suit No, 168 of 1999, a pre-emption suit, under Section 22 of the HINDU SUCCESSION ACT, 1956 whereby and whereunder prayer of the plaintiff to amend the plaint for incorporation of plots of agricultural lands as were sold by the defendant No. 1 of the suit in favour of the defendant Nos. 1 and 2 by registered sale of deed dated 10th November, 1998, was rejected on the ground that plaintiff did not file the application of amendment within one year from the date of knowledge of such transfer and further on the ground that hearing of the suit has already reached to the stage of argument on completion of the evidence of both sides. This application has been resisted by the opposite parties, the purchasers of the plots.

( 2 ) LEARNED Advocate for the plaintiff-petitioner herein has strongly contended that under Section 22 of HINDU SUCCESSION ACT, 1956, an application for pre-emption will lie within one year from the date of possession of the properties concerned, which is the subject matter of the suit of pre-emption in terms of Article 97 of the Limitatio

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