SUIT FOR RECOVERY OF AMOUNT RS

IN THE COURT OF SENIOR CIVIL JUDGE MIRPUR MATHELO

FCS NO:              /2015

Haji Muhammad Alam S/o Mehardin

By-caste Mughul, Adult, Muslim

Proprietor of M/s Iqbal Service Station,

Near Bus Stand Mirpur Mathelo

Taluka Miprur Mathelo District Ghotki ……………………………Plaintiff

VERSUS

1        Assistant Commissioner Revenue Daharki

2.       Deputy Commissioner Ghotki @ Mirpur Mathelo

3.       The Commissioner Sukkur Division @ Sukkur

4.       Accountant, office of the Deputy Commissioner

          Ghotki @ Mirpur Mathelo

5.       Secretary Revenue, Government of Sindh

          Head Office Thandi Sarak Hyderabadi ………………..… Defendents

SUIT FOR RECOVERY OF AMOUNT RS.40168-00 ONLY

The plaintiff above named respectfully begs to submit as under:

1.                 That the plaintiff is proprietor of M/S Iqbal service station, Mirpur Mathelo.

2.                 That the plaintiff has supply the POL to government vehicle no. GS-4912 as per letter bearing no. AC/Dhk?23 of 2013 dated 10-01-2013 issued by the defendant no.1

3.                 That the defendant no.1 had taken the petrol and Mobil, oil total Rs.65168-00 out of where defendant no.1 paid the bill Rs.25000-00 in the shape of Treasury cheque no.1312864 dated 20-05-2013 of NBP Mirpur Mathelo

4.                 That after last payment the defendant no.1 had not paid the remaining due amount Rs.40168-00 to the plaintiff and kept the plaintiff on false hopes.

5.                 That due to non-payment the plaintiff stopped to supply the POL to the defendant no.1 and request to the defendant no.1 that when defendant no.1 paid the full amount after that further fuel will be supply as settled terms and conditions, on that defendant no.1 requested that as the fund will be released by his higher officer that total bill will be paid.

6.                 That the plaintiff has approached time to time to the office of the defendant no.1 and requested to him who was on the seat that due amount Rs.40168-00 may be paid on that defendant no.01 repeated that some time may be given to them as they approached to the higher authorities and after release of amount the total bill will be cleared, but defendant no.01not paid the due amount Rs.40168-00 and kept the plaintiff on false hopes.

7.                 That on 30.10.2014 the plaintiff was sent request letter to the defendant no. 01, 02 & 04 for payment of due amount Rs.65168-00 but the defendant no. 01, 02 & 04 had not pay the intention also were send the request letter to the defendant no.04 head of defendant no.1 for information and taking legal action but no fruitful result became.

8.                  That on 06.11.2014 the legal notice was issued by the advocate of the plaintiff and requested for payment of due amount Rs.65168-00 but the defendant no.01 had not pay in intention and had not made reply of legal notice and such copies of legal notice also send to the defendant no. 02, 03 & 04 head of defendant no.1 for information and taking legal action but no fruitful result received as usually.

9.                 That on dated 21.11.2014 regarding request letter of plaintiff the defendant no. 01 as per letter no.AC/Dhk/766 of 2014 dated 21-11-2014 acknowledged that the vehicle Gs.4912 has been receiving the petrol from the Al-Fatah Petroleum Service Daharki and the payment of bills has been paid by my predecessors to plaintiff.

10.            That on dated 10.12.2014 the plaintiff once again sent request letter to defendant no.01 to 03 and clarify that the POL bill dues Rs.40168 are  is still remaining and pending with defendant no.01 but no intention has been paid till to date.

11.            That in January 2015 plaintiff once again went to office of the defendant no.1 and requested for the payment of POL Dues   Rs.40168-00 and requested to defendant no.01 that plaintiff is facing many problems due to non-payment of the amount that defendant no.1 flatly refused to the plaintiff that due amount will not be paid in any manner.

12.            That on dated 26.02.2015 the reminders of legal notice has been issued by the counsel for the plaintiff to the defendant no.1 but till time no any reply has been submitted by the defendant no.1

13.             That the defendants no.02,03 & 05 are performing duty as head of the defendant no.1

14.            That the defendant no.04 is performing duty in the as Accountant for maintained the expenses and recoveries matter in the office of the defendant no.02

15.            That the cause of action accrued to the plaintiff for filling of the present suit firstly on 20.05.2013 when defendant has paid last payment, secondly on 22.02.2015 when defendant no.1 flatly refused from payment of due amount Rs.40168-00 and lastly on 26.02.2015 when reminder of legal notice has been issued and no reply has been submitted by the defendant no.1 till to date, it will remain continue till the grievances are over.

16.            That the suit for the relief of recovery of RS.40168-00, so there is no court fee payable on this amount.

17.            That the plaintiff, therefore prays for judgment and decree as under:-

P R A Y E R S

a.           To direct the defendant no.1 through the decree of this honorable court to pay the remaining due amount Rs.40168-00 along with markup as per law to the plaintiff without any further inordinate delay or process.

b.           To award the cost for the suit.

c.            To grant any other relief which this honorable court deems fit and proper in the circumstances of the case.

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P L A I N T I FF

             

VERIFICATION

I Haji Muhammad Alam S/o Mehardin By-caste Mughul, Adult, Muslim Proprietor of M/s Iqbal Service Station, Near Bus Stand Mirpur Mathelo Taluka Miprur Mathelo District Ghotki, do hereby verify on oath that contents of the plaint from Para no.1 to 17 is true and  correct to the best of knowledge , belief and information.

              Verified and signed by me at mmathelo

              This 25 day of March 2015.

D E P O N E N T

Identified by me

Advocate

DOCUMENTS FILED.

1.                 Ps copy of legal notice dated

2.                 Ps copy of reminder of legal notice dated.

3.                 Ps copies of receipts of tcs

4.                 Ps copies of bills and slips of tcs issued by the defendant no.1( 13 in numbers)

DOCUMENTS RELIED UPON.

Any other relevant documents in right of the suit

Drawn and drafted by me under the instructions of plaintiff and signed by me.

Muhammad MithalPanhwar

Advocate High Court

Office: MirpurMathelo.

IN THE COURT OF SENIOR CIVIL JUDGE MIRPUR MATHELO

FCS NO:/2015

Haji Muhammad Alam            ……………………                   Plaintiff

VERSUS

Assistant Commissioner Revenue Daharki & others   ……….Defendants

List of legal heirs of the plaintiff

1.     Asif   Ali son Haji Muhammad Alam                            Adult

2.     Muhammad Azam son Haji Muhammad Alam    Adult

3.     Mrs Haji Muhammad Alam                                 Adult

In case of death of the plaintiff, his legal heirs will inform to this honorable court

Postal address

Haji Muhammad Alam S/o Mehardin

By-caste Mughul, Adult, Muslim

Proprietor of M/s Iqbal Service Station,

Near Bus Stand Mirpur Mathelo

Taluka Miprur Mathelo District Ghotki

Dated.25.25.2014                                                Advocate

For The Plaintiff