JUDGMENT : RICHARDS, J. 1. This appeal arises out of a suit for preemption. The sale took place on the 3rd of April, 1908. The suit was instituted on the 27th of February, 1909. The plaintiffs made parties to the suit, Jai Kishan and Pandit Hirday Ram. Some time prior to the 7th of April, 1909, the plaintiff discovered that a man of the name of Shib Charan was vendee and not Jai Kishan. He accordingly applied for an amendment of the plaint. The plaint was amended on the 8th of April, 1909, and notice was served on Shib Charan on the 27th of April, 1909. It is to be remembered that Jai Kishan was an existing individual and he had been in the first instance served with the plaint. If Shib Charan was a necessary party to the suit and if he cannot be deemed to have been a party to the suit prior to the amendment on the 8th of April, 1909, the suit was clearly barred against him. The court below has held that the suit was barred by limitation and dismissed the plaintiff's claim. 2. Two points have been argued or the appeal. First, that the plaintiffs all along intended to sue Shib Charan and that the presence of Jai Kishan on the record was merely a misnomer which was corrected by the order of amendment on the 8th of April, 1909, and secondly, that the suit is not barred against Pandit Hirday Ram. 3. In our opinion the court below was right. The making of Jai Kishan a party instead of Shib Charan was not a mere misnomer—it was a mistake made by the plaintiff in suing a wrong party. Shib Charan cannot be considered a party to the suit until the 8th April, when the plaintiff's claim against him was clearly barred by limitation. As to the second point, the sale is stated in the plaint as a joint sale to the two vendees. It is pleaded to by the written statement as a joint sale. It is clear, therefore, that the suit is barred against both the defendants. The case quoted by the learned Judge is in direct authority, namely, the case of Habib-ullak v. Aduiibai Pandey, [1881] I.L.R. 4 All., 145. The appeal fails and is dismissed with costs.