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

Section: 2(b)(ii),7,19

Law: Civil Procedure Code (V of 1908)

Section: 48(1),48(1)(a),48(1)(b)

Law: Limitation Act, 1908

Section: 183

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 2(b)(ii)---High Court---Jurisdiction---Scope---High Court while exercising jurisdiction under Financial Institutions (Recovery of Finances) Ordinance, 2001, adjudicate upon civil rights and liabilities of parties and it may be termed as special jurisdiction---High Court possesses all attributes of original civil jurisdiction but under Financial Institutions (Recovery of Finances) Ordinance, 2001, it does not exercise ordinary original civil jurisdiction conferred by C.P.C. (b) Limitation Act (IX of 1908)--- ----Art. 183---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 2(b)(ii) & 19---Execution---Limitation---Scope---Provision of Art. 183 of Limitation Act, 1908, is only applicable when and decree of any High Court is passed in exercise of its ordinary original civil jurisdiction but not where decree is passed in original civil jurisdiction. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 2(b)(ii), 7 & 19---Limitation Act (IX of 1908), Art. 183---Civil Procedure Code (V of 1908), S. 48(1)---Execution---Second application---Limitation---Judgment debtor assailed second execution application on the plea that it was filed beyond period of six years from the date of decree---Validity---Jurisdiction of High Court under Financial Institutions (Recovery of Finances) Ordinance, 2001, was original civil jurisdiction and not ordinary original civil jurisdiction, therefore, provisions of Art. 183 Limitation Act, 1908, were not attracted---Provisions of S. 48(1)(b), C.P.C. were not applicable and period of limitation for filing second execution application was not calculated from the date of decree under S. 48(1)(a), C.P.C.---Second execution application to execute and decree was barred by limitation for period of 3 years 11 months and 21 days---Execution application was dismissed in circumstances. Victory Corporation and others v. Emirates Bank PLD 1999 Kar. 391; Dr. Mrs. Tallat Khan and another v. Mrs. Sara Shafqat and 6 others 2000 SCMR 184; Pakistan Fisheries Ltd., Karachi and others v. UBL PLD 1993 SC 109;…

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