Code of Civil Procedure, 1908–Order 6, Rule 17 & Order 1 Rule 10–Petitioner sought to amend the written statement by incorporating the new ground that all the LRs. of the deceased-owner were not impleaded as the party of suit, therefore, the suit is liable to be dismissed on the ground of non-joinder of necessary parties–Dismissal of application–Suit for pre-emptive rights–Amendment was sought after four years of filing the written statement–Fact was in knowledge of petitioner at the time of filing the written statement–Respondents have not sought any relief from the other LRs. of deceased–They are the dominus litis and cannot be compelled to fight against a person against whom they do not claim any relief–Held, the application was rightly dismissed.


