Partab Singh And Ors. vs Daulat And Ors.

JUDGMENT Henry Richards, C.J. and Tudball, J.

1. We think, having regard to the fact that the appellants could not have maintained the suit as against the vendees had they instituted the suit themselves, they cannot take advantage of the fact that their father at the time of the suit had a preferential right as against the vendees on the ground that he was a nearer relation. We accordingly dismiss the appeal with costs.