Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 22---Limitation Act (IX of 1908), Ss. 5 & 29(2)---Appeal---Limitation---Application under S. 5 of the Limitation Act, 1908 for condonation of delay in filing of appeal under S. 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Maintainability---Per S. 29(2) of the Limitation Act, 1908; where under a special law or local law, a different period of limitation had been provided, then S. 5 of the Limitation Act, 1908 was not applicable---Financial Institutions (Recovery of Finances) Ordinance, 2001 was a special law and the Limitation Act, 1908 was a general law, thus S. 5 of the Limitation Act, 1908 was not applicable in filing of appeal under S. 22 Financial Institutions (Recovery of Finances) Ordinance, 2001. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, JUSTICE:---.--- The issue which arises for consideration in this appeal is the view taken by the learned Judge, Banking Court-II, Lahore in the captioned case where a decree for the recovery of Rs.58,64,884/- with costs along with cost of funds was passed against the Appellant in the captioned title. 2. The Appellant has, along with the main Appeal, filed the instant application (C.M. No.2-C/2013) under Section 5 of the Limitation Act, 1908 (the "Act") for condonation of delay. Learned counsel for the Appellant/Applicant submitted therein that the delay in filing the instant appeal was not deliberate; rather the file of the case was misplaced and when the same was traced out on 24.04.2013, the Appellant immediately filed the instant appeal. Learned counsel also contended that the application is supported by the affidavit of the Appellant/Applicant. 3. When the learned counsel for the Appellant/Applicant was asked whether section 5 of the Act ibid is applicable to the proceedings under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the "2001 Ordinance"), where the time frame for filing the appeal is explicitly stated to be 30 days, he could not give any substantial reasons. Record reveals that even otherwise, not even a single document to strengthen the contention of the…

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