MIAN SAQIB NISAR, J.~ This appeal arises outof a pre-emption suit filed by the respondents against the petitioner claiming the superior right of pre-emption.
2. This suit was resisted by the petitioner and a number of legal factual ,pleas were raised, in which one of the issues i.e. Issue No. 5 was with regard to the correct valuation of suit for the Court-fee and jurisdiction. Parties led their evidence and the trial Court was pleased to give findings on all the other issues in favour of the respondents/appellant except Issue No. 54 and refused the grant relief to the respondents under issue No. 8 and thus dismissed the suit.
3. Against this the respondents preferred an appeal which was accepted by the learned Addl.
District Judge, Sialkot vide judgment/decree dated 3.12.1977, reversing the findings on issue No. 5 as well as, decreeing the suit against the petitioner. This RSA has been preferred on behalf of the petitioner. Learned counsel for the petitioner has contended that the learned Appellate Court has erroneously placed reliance on Exh. P.4 in evidence and the same is illegal, null and void and it consequently could not be considered as evidence because the same was not prepared by any Revenue Officer or authority or rather it has been prepared by the respondents themselves.
4. On the other hand, learned counsel for the respondents stated that at the time of exhibition/production of Exh.PM, no objection was raised from the respondents side and consequently this plea cannot be raised. It is the duty of the Court to have determine the correct Court-fee and the matter have to give an opportunity to the plaintiffs/respondents. Consequently he argues that the learned Appellate Court has rightly passed an order determining the Court-fee which has already been affixed on the plaint before the learned Trial Court.
5. I don't find that any prejudice on account of short Court-fee has been caused to the appellant.
At the best it can be a loss of exchequer. Consequently, I don't find any merits in the appeal which is dismissed.