LAL JAN KHATTAK, J. Impugned through the instant revision petition are the orders dated 24.10.2019 and 08.06.2021 of the learned Additional District Judge-XII, 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 memorandum of appeal. Still aggrieved, petitioners filed a petition for review of the judgment and decree dated 24.10.2019 but their review petition was dismissed by the learned appellate court vide judgment dated 08.06.2021. Not contented with the aforesaid judgments, petitioners have filed the instant revision petition.
3. Arguments heard and appended record gone through.
4. Perusal of the record would show that the petitioners have assailed two orders in their revision petition. The first order/judgment of the learned appellate court was passed on 24.10.2019, whereby their appeal against the judgment and decree dated 15.2.2018 was dismissed on the ground that proper court fee was not affixed by them on the memorandum of appeal. Review petition of the petitioners qua challenging the judgment and decree dated 24.10.2019 is hopelessly barred by time, as same has been filed on 07.09.2021; therefore, same is hereby dismissed for its not having been filed within the prescribed period of 90 days.
5. So far as questioning the judgment dated 08.06.2021 passed in review petition is concerned, suffice it to say that while dismissing the review petition, the learned appellate court has not committed any illegality as no case for review was made out by the petitioners. Judgment of the learned appellate court, review of which was sought by the petitioners, is based on proper appreciation of law on the subject because the petitioners had not affixed court fee on the memorandum of their appeal despite the fact that many opportunities were given to them. For failure of the petitioners to comply with the directions relating to the affixation of proper court fee, the learned appellate court had no other option but to dismiss their appeal. The judgment of the learned appellate court was not open to any review as no legal error was apparent on surface of the record calling for review. Even, otherwise, the petitioners per provisions of Section 07 and Article 01 of Schedule 1 to the Court Fees Act, 1870 were bound to affix court fee on the memorandum of their appeal and to do the needful many opportunities wore provided to them 'which they did not avail.
6. The learned appellate court in the attending circumstances of the case did not commit any illegality while passing the impugned judgment and order to which no exception could be taken by this court while exercising its revisional jurisdiction.
7. For what has been discussed above, this revision petition, being bereft of any merit, is hereby dismissed along with CM with costs throughout.