SYED JAMSHED ALI, J. - This is vendee's revision petition in a pre-emption matter, Muhammad Ali etc. Were the owners of the land in dispute measuring 15 Kanals, 13 marlas situated in Mouza Sohawa Rajani Tehsil Phalia, who sold it to the petitioner vide Mutation No. 97 attested on 29.1.1973 for a consideration of Rs..5400.00. The respondent pre-empted the sale on the ground that she was the mother of the vendors, was a co- sharer and an owner of the estate. The suit was contested.
Issues were framed and it was tried.
2. Vide judgment and decree dated 7.12.1976 the suit filed by the respondent was decreed. An appeal was taken before the learned District' Court which was dismissed on 8.4.1978 by the learned Addl. District Judge, Gujrat solely on the ground that the proper Court-fee had not been paid on the appeal.
3. Learned counsel for the appellant was heard. Nobody appeared for respondent who is proceeded against ex parte.
4. Learned counsel has contended that unless the exact amount of Court-fee payable was determined and an opportunity allowed to the appellant to make up the deficiency in the Court- fee, the appeal , could not have been dismissed. There is merit in the contention of the learned counsel which is supported by Siddique Khan and two others Versus Abdul Shakur Khan and another (PLD 1984 S.C. 289). The impugned judgment and decree of the learned first Appellate Govrt is, therefore, not sustainable.
5. Resultantly, this appeal is allowed. The case is remanded to the learned District Judge, Gujrat for proceeding in the matter in accordance with law. The parties are left to bear their on costs.