' This is a second appeal by the vendees against appellate judgment and decree dated 25-5-1982 passed in favour of the respondent in recognition of her superior right of pre-emption with regard to sale of agricultural land, upon dissenting with the trial Court's judgment dated 21-9-1981 whereby the suit had been dismissed merely due to deficiency of court-fee.
2. Only question attempted to be argued for the appellants is that the insufficiently stamped plaint by the respondent was properly rejected by the trial Court and its order did not call for interference in appeal. I do not find any substance in this contention because:--- ' firstly, the trial Court had not judiciously exercised the discretion conferred on it by the provisions of section 149 of the C.P.C.; ' Secondly, two Courts below have concurrently reached the conclusion in favour of the plaintiff- respondent on merits of the claim and appellants do not have anything to urge thereagainst; ' thirdly, as such, the vendees cannot be armed with a plea of technicality to dislodge the plaintiff on the mere ground of court-fee as has been held in Rachappa Subrao Jadhe Desai v. Shidappa Venkatrao Jadhev Desai AIR 1918 PC 188; and ' Fourthly, the trial Court had not fulfilled the requirements of the provisions of clause (b) of Rule 11 of Order VII, C.P.C., inasmuch as there was neither any time fixed by the Court for correcting the valuation nor was a requirement to such an effect made of her.
' Learned appellate Judge rightly reversed the judgment of the trial Court. His view is supported by case of Siddique Khan reported as PLD 1984 SC 289.
3. In result of the foregoing, this second appeal has no force. It is accordingly dismissed. No order as to costs.