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

Section: 22

Law: Limitation Act, 1908

Section: 12(5)

(a) Interpretation of statutes--- ----Deeming provision in a statute---While interpreting deeming provisions in a statute the Court is bound to ascertain the limits, purpose and object for which the legislature had created the fiction by adopting deeming provision. Mehreen Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397; Begum B.H. Syed v. Mst. Afzal Jehan PLD 1980 SC 29 and Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602 ref. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 22---Limitation Act (IX of 1908), S. 12(5)---Appeal against of Banking Court---Limitation period, commencement of---Time consumed by appellant in payment of fee/cost for certified copies of the decree passed by Banking Court---Whether such time could be excluded under section 12(5) of the Limitation Act, 1908 while computing the period of limitation---Held, that mere filing of an application for obtaining certified copies (without payment of fee/cost) would not suffice to stop the period of limitation---Filing of application for obtaining certified copies pre-supposes the payment of cost for obtaining them---Application for certified copies referred to is not entertained and/or processed till the prescribed fee/cost is paid---Subsection (5) to section 12 of the Limitation Act, 1908 provides commencement of period of limitation from the day actually intimated to the applicant to be the day on which the certified copy will be ready for delivery. Legislature by introducing subsection (5) to section 12 of the Limitation Act, 1908 (the Act) eliminated the controversy regarding the term “time requisite” and defined the term by laying down that the “time requisite” for obtaining a certified copy of the decree, order or such other prescribed proceedings, would be deemed to be the time intervening between the day on which an application for certified copy is made and the day actually intimated to the applicant to be the day on which the certified copy is ready for delivery. The interpretation that mere filing of an application (for obtaining certified copies without payment of fee/cost) would suffice to stop the period of…

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