JUDGMENT

Kendall, J. - This is a plaintiff's appeal arising out of a suit for pre-emption. In the plaint the plaintiff alleged that he was a co-sharer and was joint in the property transferred with the vendor and that he claimed pre-emption. He also stated:

The plaintiff has a right of pre-emption according to the Act in force.

2. He nowhere alleged that the defendants were strangers to the mahal, nor did he in express terms say that he had a preferential right as against the defendants, though this might be implied from the fact that he was suing to pre-empt them. When the written statement was filed, no plea was taken that the plaint did not disclose any cause of action. Later it was noticed that the plaint was silent as regards the exact status of the defendants. The plaintiff then applied to the Court of first instance for an amendment of the plaint in order to make it clear that the defendants were perfect strangers and the plaintiff had a preferential right as against them. The learned Munsif thought that, he had no jurisdiction to grant this application because the provisions, of Order 7, Rule 11 were mandatory and no leave to amend the plaint could under the circumstances be g