Judgment M.L.Singhal, J. 1. Jeet Singh and Darshan Singh filed suit for pre-emption in 1991 against Jasvinder Kaur and Jasveer Kaur being co-sharers. Plaintiffs suit was decreed on 27.8.1992. Vendees defendants went in appeal which was allowed by learned District Judge, Sirsa vide order dated 18.9.1995. In consequence, he dismissed the plaintiffs suit. While doing so, learned District Judge took into consideration the effect of Section 15 of the Punjab Pre-emption Act, as applicable to Haryana, which came into force on 7.5.1995. 2. Not satisfied with the decision of the learned District Judge, plaintiffs have come up in appeal to this court. 3. Learned counsel for the plaintiffs appellants submits that learned District Judge could not take into consideration the amendment of Section 15 of the Punjab Pre-emption Act, as applicable to Haryana, as it came into force on 7.5.1995, while the court of first instance had decided the plaintiffs suit for pre-emption on 27.8.1992 i.e. prior to the coming into force of the amending Act. He submits that the learned District Judge should have decided the appeal on merit, thus keeping out of consideration the effect of amendment of Section 15 of the Punjab Pre-emption Act, as applicable to Haryana, as the amendment came into force on 7.5,1995, i.e. much after the court of the first instance had decided the plaintiff pre-emptors suit to pre-empt. In support of this submission, he seeks support from Shyam Sunder and Anr. v. Ram Kumar and Anr., J.T. 2001(6) S.C. 94 where it has been held that in a pre-emption case where an appeal is filed against the decree of court of first instance, the scope of appeal is confined to the question whether the decision of the trial court is correct or not. This being the legal position which held the field for over a century any subsequent event taking place during pendency of appeal cannot be allowed to be taken into consideration by the Appellate Court otherwise it may displace the case of pre-emptor. Amending Act being prospective in operation does not affect the rights of the parties to the litigation on the date of adjudication of the pre-emption suit and the Appellate Court is not required to take into account or give effect to the substituted Section 15 introduced by the amending Act. 4. Amending Act being prospective in operation does not affect the rights of the parties to the litigation on the date of adjudication of the pre-emption suit and the Appellate Court is not required to take into account or give effect to the substituted Section 15 introduced by the amending Act. 4. Learned counsel for the respondent can possibly raise no contention so far as this view taken by the Honble Supreme Court is concerned. 5. For the reasons given above, judgment and decree passed by the learned District, Judge dated 18.9.1995 are set aside and the case is remanded to the learned District Judge, Sirsa for decision of the appeal afresh on merit. While doing so, learned District Judge will remain unaffected so far as the amendment of Section 15 of the Punjab Preemption Act, as applicable to Haryana, brought on the statute book on 7.5.1995 is concerned. 6. Parties are directed to appear before learned District Judge, Sirsa on 7.12.2000. If the parties fail to appear before him, he will issue process so as procure their presence before him for the decision of appeal on merit. Appeal allowed/case remanded.