Code of Civil Procedure, 1908–Order 7, Rule 11–Hindu Succession Act, 1956–Sec. 22–Rejection of plaint by allowing the applicaion under Order 7, Rule 11–Justification–Suit for pre-emption–The question whether the plaintiffs are first class legal heirs or not, is a question of evidence and can be decided only after adducing the evidence–Further, the preferential right given to an heir of a Hindu u/s. 22 of Hindu Succession Act is applicable even if the property in question is an agricultural land–Held, plaint was wrongly rejected–Impugned order is set aside and Trial Court is directed to decide the suit itself.
