Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 5, 12 & 22---Civil Procedure Code (V of 1908), S. 12(2)---Limitation Act (IX of 1908), Ss. 5 & 29(2)---Condonation of delay---Scope---Defendant assailed ex-parte and decree passed against him by Banking Court which was beyond prescribed period of limitation and he sought condonation of delay---Validity---Record did not disclose any element of fraud, misrepresentation or that Banking Court had passed and decree without jurisdiction---Defendant failed to establish such elements required for setting aside and decree passed by Banking Court---Where in a special law or in a local law a different period of limitation was prescribed, then S. 5 of Limitation Act, 1908 was not applicable---Financial Institutions (Recovery of Finances) Ordinance, 2001 was a special law therefore, S. 5 of Limitation Act, 1908 was not applicable for filing of appeal beyond limitation period---High Court declined to interfere in and decree passed against defendant---Appeal was dismissed in circumstances. NIB Bank Ltd. v. Muhammad Zia Ali Qureshi 2016 CLD 2160; Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286; Messrs Pangrio Sugar Mills Ltd. v. Bankers Equity Ltd. and 5 others 2015 CLD 637 and Tariq Mehmood v. Atlas Bank 2015 CLD 959 rel. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.--- Through the instant First Appeal Against Order, filed under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the "Ordinance"), the Appellant seeks setting aside of order dated 23.01.2015, passed by the Judge Banking Court-III, Lahore (the "Banking Court") whereby his application for setting aside ex parte judgment and decree dated 16.03.2011 was dismissed. 2. None appeared on behalf of the Appellant. However, the grounds mentioned in the Appeal inter alia are that the impugned order is against law and facts; that the Court below has failed to appreciate the fact that the ex parte judgment and decree has been passed against the Appellant; that the impugned order suffers from legal infirmities and material illegalities; that the impugned order has been passed against the…

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