This is an application against an order of the Sub-Judge Handwara dated 18-12-71 by which he has allowed the amendment prayed for by the plaintiff. The application arises in the following circumstances.

The plaintiffs brought the present suit for a declaration on the ground that they were entitled to survey Nos. 1247, 1296 and 1538 measuring 9 kanals and 16 marlas and the defendants had no right or title over these plots. The suit was filed on 26-8-1967. After about a month, the plaintiffs filed an application for amending the plaint by introducing a plea in the alternative, namely, to claim the right to pre-empt the plots sold by the defendants 2 and 3 under a sale deed dated 30-8-67. The sale deed was not only in respect of plots 1247, 1296 and 1538 but was in respect of plots No. 1081 and 1324 also. The plaintiffs had filed a certified copy of the sale deed along with their amended plaint in respect of their right of pre-emption and claimed pre-emption on the ground that they were tenants of the land. Despite the fact that the plots No. 1081 and 1324 were clearly mentioned in the sale deed, the plaintiffs in their first amended application did not pray for the right of pre-emptio

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