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Civil Procedure Code, 1908 (V of 1908)-- ----S. 96--Respondent runs a travel agency--Appellant paid certain amount to respondent for visa, which respondent failed to comply with--Framing of issues--Contradiction in statements of PWs--Suit for recovery and damages--Dismissed--Challenge to--After going through pleadings and evidence on record and admission made by respondent regarding receipts of Rs. 125000/- in para 1 and 4 of written statement, appellant has succeeded in proving his case to this extent, while considering documents exhibited in Court as Ex PW1/1 to Ex PW1/5, it is established on record that infact Rs. 130000/- has been paid to respondent No. 2 but he has failed to provide requisite service of arranging visa of appellant/plaintiff and has still not yet refunded said amount to him--In view of this admission and documents exhibited by appellant, I did not feel any difficulty to hold that appellant/plaintiff is entitled to decree of Rs. 130000/- but at same time, I would also accept that total requisite fee for arranging visa was Rs.170000/- but remaining Rs. 40000/- was not paid by appellant/plaintiff to respondent No.2 and therefore, demand of Rs. 45000/- for providing his services by respondent No.2, also seems to be genuine which to be deducted from total amount of Rs. 130000/- paid to him--The decision of learned trial Court on issues No. 5 and 6, needs to be interfered with in light of my discussion above, hence this appeal is partially allowed. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE---.--- This Regular First Appeal is directed against the judgment and decree dated 30.06.2011 of the learned Civil Judge-XII/Illaqa Qazi, Swat, whereby suit of the appellant was dismissed. 2. Brief and essential facts of the case are that, the respondents have a Travel Agency at New Road Mingora, Swat in the name of Shakhawat Shah. The appellant paid Rs. 180000/- to the respondents for visa, and on 02.09.2005 a written acknowledgment of the said amount was given to the appellant by the respondents but again failed to pay the said amount on due date. The appellant filed a recovery suit against the respondents for principal amount as well as…

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