Law: Court-Fees Act, 1870

Section: 7

Court Fees Act (VII of 1870)--- ----S. 7 Sched. Art. 1---Suit for recovery of money filed by respondent/bidder who was duly awarded the contract to white wash/distemper/ paint Government school; completed the work; submitted the bills; but the said bills were not paid to him---Trial Court decreed the suit filed appeal which was dismissed by appellate Court and subsequent review petition was also dismissed---Validity’ appeal was dismissed on the ground that proper court fee was not affixed by the petitioners on memorandum of their appeal despite having been given many opportunities and that appellate court had no other option but to dismiss their appeal’ review petition being barred by time was dismissed accordingly. JUDGMENT LAL JAN KHATTAK, JUSTICE:---.--- Impugned through the instant revision petition are the orders dated 24.10.2019 and 08.06.2021 of the learned Additional District Judge-XIl, Peshawar, whereby the petitioners’ appeal and review petition have been dismissed. 2. Brief facts of the case are that the respondent No.1 had filed a suit against the petitioners for the recovery of Rs.5,82.294/-. According to the plaint, it is the respondent’s case that pursuant to the tender notice published by the petitioners in daily ‘Aaj’ on 18.08.2011 for white washing, distempering, painting of doors and windows etc, of Federal Government Girls Public High School, Khyber Road, Peshawar, he participated in the bidding process and being a successful bidder was awarded the contract. He was issued work order whereafter he started work accordingly and completed the same after which he submitted bills for the work done but same were not paid to him which inaction, on the part of the petitioners’ compelled him to sue them. His suit was contested by the petitioners by filing their written statement. On the case issues parties adduced their respective evidence whereafter the learned trial court decreed the suit vide judgment dated 15.02.2018 to the tune of Rs.4.47,112/-. Being aggrieved of the judgment and decree, petitioners impugned the same in appeal which was dismissed by the learned appellate court on 24.10.2019 for their failure to affix proper court fee on the…

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