Law: Limitation Act, 1908

Section: 5,29(2)

Law: Limitation Act, 1908

Section: 5,29(2)

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 22

Limitation Act (IX of 1908)-------Ss. 5 & 29(2)---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.22---Appeal to High Court---Application for condonation of delay of 32 days---Impugned decree was passed on 24-4-2008---Certified copy of decree was applied on 13-5-2008 and supplied on 23-5-2008, while appeal was filed on 5-6-2008---Contents of application revealed that appellant himself was not certain that whether appeal was well in time or not---Appellant had knowledge of day on which decree was passed and he could file appeal within 30 days---Limitation for present appeal was prescribed by Financial Institutions (Recovery of Finances) Ordinance, 2001, thus, by virtue of S.29(2) of Limitation Act, 1908, provision of S.5 thereof would not attract thereto---High Court dismissed appeal for being time-barred. Industrial Development Bank of Pakistan v. Rehmania Textile Mills (Pvt.) Ltd. 2006 CLD 81; Protein and Fats International (Pvt.) Limited v. Capital Assets Leasing Corporation Limited 2005 CLD 857; Sikandar Hayat v. Agricultural Development Bank of Pakistan 2005 CLD 870; Abdul Rasheed and another v. Bank of Punjab 2004 CLD 800 and Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286 ref. Imran Aziz Khan for Appellant. Waqar Mushtaq for Respondent. Date of hearing: 4th October, 2011. JUDGMENT SYED IFTIKHAR HUSSAIN SHAH, J.-- The present appeal has been preferred against the judgment and decree dated 24-4-2008 passed by the learned Judge Banking Court-II, Lahore whereby the suit instituted by the plaintiff-Bank against respondents Nos.1, 3 and 4 was decreed but defendant No.5 was deleted from the array of the defendants. 2. Messrs Shahabad Textiles (Pvt.) Limited Company acting through its directors Syed Shahid Hussain, defendant No.4 and Adnan Ali Khan Sherwani, defendant No.5 applied for grant of finance facilities to the appellant, which were allowed vide sanction advice dated 18-12-2004. They availed the facilities which were subsequently, renewed and enhanced vide sanction advice dated 26-10-2005. The facilities of finance were guaranteed by the respondents-defendants through the mortgage of property owned by Messrs…

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