Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of 1984) -- S.9 Limitation Act (IX of 1908), Ss.5 & 29 Appeal ¬Condonation of delay Filing of time barred appeal without application under S.5 of Limitation Act, 1908 for condonation of delay Office returned appeal after raising objection in regard to limitation .7e filing of appeal with application under S.5 of Limitation Act, 1908 for condonation of delay Validity Appeal was admittedly barred by time Period of filing of. appeal having been specified in S.9 of the Banking Tribunals Ordinance, provisions of S.29 of Limitation Act, 1908 were applicable ¬Delay in filing of appeal could not be condoned under S.5 of Limitation Act, 1908 or any other legal provision. Messrs Munir & Co., Kamalia and 2 others v. Allied Bank of Pakistan Limited through 2 Attorneys 2002 CLD 657 and, Majeed Akbar Farooqi v. Bank of Punjab through Manager (Attorney) 2002 CLD 778 rel. (b) Banking Tribunals Ordinance (LVIII of 1984) S.6 Qanun e Shahadat (10 of 1984), Art.17(2) Decree for recovery of loan amount against defendants¬-guarantors Non attestation of personal guarantees by witnesses Effect Such and decree not void merely because Banking Tribunal had found that personal guarantees furnished by defendants had not been attested in accordance with law. (c) Limitation Act (IX of 1908) -- Ss. 3 & 5 Void order or order without jurisdiction ¬Connotation Distinction Condonation of gross negligence Order being void or without jurisdiction Scope and distinctive features elaborated. Void order or an order without jurisdiction is only a type of an illegal order passed by a Court, and the fact that it has been passed and that it may, therefore, create rights cannot be altered by describing it as void or without jurisdiction. Expressions void order and orders without jurisdiction are over worked expressions, which are no doubt relevant in some contexts, but it would be better to use these expressions in the narrow and original sense of lack of competence of the Court or Tribunal "to enter on the enquiry in questions". Messrs Conforce Ltd. v. Syed Ali Shah and others PLD 1977 SC 599 and Anisminic Ltd. v. Foreign Compensation Commission and others…

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