Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVII of 2001)-------Ss. 9 & 10(2)---Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997), S.10(1)---Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S.7(2)---General Clauses Act (X of 1897), S.9---Civil Procedure Code (V of 1908), Appendix B, Form No.4---Suit for recovery---Single Judge of High Court dismissed defendant's application for leave to defend for being time-barred and subsequently decreed the suit---Contention of defendant was that the day on which summons was served had to be excluded while computing the period of limitation---Plaintiff contended that word 'of, and not word from' having been used in S.10(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, S.9 of the General Clauses Act, 1897 was not applicable, therefore, the day of service of summons could not be excluded while computing the period of limitation---Validity---Under Banking Companies (Recovery of Loans) Ordinance, 1979 and the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, day of service of summons was excluded from consideration---Form No.4 of Appendix 'B' of the C.P.C. as adapted for use under Financial Institutions (Recovery of Finances) Ordinance, 2001 required defendant to obtain leave from the court within 30 days from the service of summons---Section 9 of the General Clauses Act, 1897 provided for exclusion of the first day in a series of days or any other period of time---Absence of word from' would not mean that the first day would be included---General Clauses Act, 1897 did not provide for inclusion of the first day where word 'of had been used---Inclusion or exclusion of the first day would be determined by the contents of statutory provision---Under S.10(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, the day on which summons was served would be excluded---Section 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001 provided for specific form of summons which used the word from'---Section 10(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 was…

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