Case Details

Citation(s)
2005 SLG 1741 2005 SLD 1741 2005 CLD 1606
Lahore High Court
R.F.A. No.510 of 2002, heard on 15-01-2004.
MIAN SAQIB NISAR AND SYED SAKHI HUSSAIN BOKHARI, JJ
Ras Tariq Ch. for Appellants. Syed Haider Ali Shah for
Respondent.

Messrs RASOOLAN BIBI and 5 others

VS

. AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Joint Director

Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 10, 22 & 24---Limitation Act (IX of 1908), Art. 132(c)---Suit for recovery of loan---Limitation---Leave to appear and defend suit---Appellants had contended that suit filed by Bank was barred by time as period of limitation was three years, but suit had not been filed before expiry of said period---Bank had referred to Art. 132(c) of Limitation Act, 1908 and had submitted that where immovable property was charged by way of deposit of title documents with the object to enforce the payment of money, the limitation was 12 years and that Bank had sanctioned the loan of appellant on deposit of Pass Book---Said Pass Book was not the title document of the nature envisaged in Art. 132 of Limitation Act, 1908 to attract the provision---Appellants having raised a substantial question of law and fact i.e. limitation, for determination of that, they were entitled to grant of leave---Impugned and decree, were set aside and leave to appear and defend suit was granted and appellants were allowed to file written statement within specified period and case was remanded to Banking Court for deciding same, in accordance with law. JUDGMENT MIAN SAQIB NISAR, J.---The respondent-Bank brought a suit for recovery of Rs.4,97,066 against the appellant on account of agricultural loan, granted to the appellant in the year, 2000. The appellant filed an application for leave to defend the suit, inter alia, raising plea of limitation. This application has been rejected and by refusing said application, the suit to the tune of Rs.4,97,066 has been decreed. 2. Learned counsel for the appellant contends that…
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