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1983 Supreme(Raj) 416

N.M.KASLIWAL
Kewal Chand – Appellant
Versus
Kunjbehari Lal – Respondent


JUDGMENT

1. - These two revision petitions arise out of an order dated 20th July, 1981, passed by Additional District Judge No.7, Jaipur City, as such the same are disposed of by one single order.

2. An important question of law called for determination in this case is whether right to continue a suit for pre-emption survives to the legal representatives of the pre-emptor?

3. One Damodar Lal filed a suit for possession on the basis of pre-emption against the petitioner Kewal Chand, Chhota Devi, Nirmala Devi and Patasi Devi. During the pendency of the suit, plaintiff Damodar Lal died on, 5th March, 1980 and non-petitioner Kunj Behari Lal filed an application for substituting his name as plaintiff and non-petitioner Nos. 2 to 8 proforma defendants alleging that right to sue survives to the said legal representatives. Learned trial Court allowed the application by order dated 20th July, 1981 holding that under order 22 rule 3 C. P. C. and Section 18 of the Rajasthan Pre-emption Act, 1966 (hereinafter referred to as 'the Act') right to continue the suit survives to legal representatives. Aggrieved against the aforesaid order these two revisions have been filed.

4. It was argued by Mr. Ras

















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