( 1 ) THIS is a Letters Patent Appeal- The plaintiff had filed a suit No. 262 of 1943 for pre-emption. The defendants-vendees had claimed that they were not strangers and that the plaintiff was, therefore, not entitled to claim pre-emption as against them. The suit was decreed by the trial court on a finding that the defendants-vendees were strangers and that the vendor had, therefore, no right to sell the property to them in preference to the plain-tiff. This decree was affirmed by the lower appellate Court, and the appeal filed there on behalf of the defendants was dismissed. After the dismissal of the appeal the defendants-vendees filed an application for review on the ground that they had discovered some fresh documentary evidence which clearly proved that they were co-sharers and were not strangers.

( 2 ) ORDER 47, Rule 1, Civil P. C. , is in the these terms.

" (1) Any person considering himself aggrieved (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and