| Citation(s) |
|---|
| 2024 SLG 5740 2024 SLD 5740 = 2024 CLD 1481 |
Islamabad High Court
E.F.A. No.02 of 2013, C.R. No.06 of 2005 and R.F.A. No.204 of 2004, decided on 26th September, 2024.
Before Miangul Hassan Aurangzeb and Saman Rafat Imtiaz, JJ
Hafiz Muhammad Kashif Zaman for Appellants along with Appellant No.1. in person (in E.F.A. No.02 of 2013). Qausain Faisal Mufti for Appellant (in R.A. No.204 of 2004). Wasim Abid for
Respondent No.1 (in E.F.A. No.02 of 2013). Muhammad Mehboob Alam for
Respondents Nos.2 to 4 (in E.F.A. No.02 of 2013) and for Petitioner (in C.R. No.06 of 2005). Raja Abdul Qayyum for
Respondent No.1. (in R.F.A. No.204 of 2004 and C.R. No.06 of 2005). Amir Latif Gill for CDA (in C.R. No.06 of 2005). Umar Farooq, Deputy Registrar and Barrister Khadija Naeem, Law Clerk. Date of hearing: 16th September, 2024.
E.F.A. No.02 of 2013, C.R. No.06 of 2005 and R.F.A. No.204 of 2004, decided on 26th September, 2024.
Before Miangul Hassan Aurangzeb and Saman Rafat Imtiaz, JJ
Hafiz Muhammad Kashif Zaman for Appellants along with Appellant No.1. in person (in E.F.A. No.02 of 2013). Qausain Faisal Mufti for Appellant (in R.A. No.204 of 2004). Wasim Abid for
Respondent No.1 (in E.F.A. No.02 of 2013). Muhammad Mehboob Alam for
Respondents Nos.2 to 4 (in E.F.A. No.02 of 2013) and for Petitioner (in C.R. No.06 of 2005). Raja Abdul Qayyum for
Respondent No.1. (in R.F.A. No.204 of 2004 and C.R. No.06 of 2005). Amir Latif Gill for CDA (in C.R. No.06 of 2005). Umar Farooq, Deputy Registrar and Barrister Khadija Naeem, Law Clerk. Date of hearing: 16th September, 2024.
Syed WAQAR-UL-HASSAN SHAH BUKHARI and others---Appellants
VERSUS
SMALL BUSINESS FINANCE CORPORATION (NOW SME BANK LTD.) and 3 others---Respondents
Law: Civil Procedure Code (V of 1908)
Section: 11, 12 (2) & 35 (1)(iii), 115
Law: Limitation Act, 1908
Section: 29(2)(b), 5 , 29 (2)(b)
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 22
(a) Civil Procedure Code (V of 1908)-------S.115---Limitation Act (IX of 1908), Ss. 5 & 29 (2)(b)---Revision application--Limitation---Condonation of delay---Principle---Provision of S. 115 C.P.C. is a special law and application of S. 5 of Limitation Act, 1908 has been excluded by S. 29(2)(b) of Limitation Act, 1908---Revision application filed beyond period of limitation is liable to be dismissed as time-barred.Government of Balochistan v. Abdul Rashid Langove 2007 SCMR 518; Allah Dino v. Muhammad Shah 2001 SCMR 286; Muhammad Zafar v. Nazir Ahmed 2005 MLD 1034; Muhammad Amir v. Muhammad Sarfraz 2019 CLD 523; Muhammad Khalid Naeem v. Habib Bank Limited 2018 CLD 1027; Raja Karamat Ullah v. Sardar Muhammad Aslam Sukhera 1999 SCMR 1892; Noor Muhammad v. Assistant Commissioner, Vehari 1986 SCMR 292 and Abdul Aziz v. Additional Settlement Commissioner 1984 SCMR 1562 rel.(b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 22---Civil Procedure Code (V of 1908), Ss. 11, 12 (2) & 35 (1)(iii) [as inserted by Costs of Litigation Act, 2017]---Consent decree, appeal against--Maintainability---Principle of res judicata---Applicability---Cost, imposing of--Appellant / defendant did not appeal against consent decree and his application under S. 12(2), C.P.C. to challenge consent order and decree was dismissed by Trial Court whereas appeal before Lower Appellate Court was dismissed as withdrawn--Appellant's / defendant's revision application was dismissed by High Court as time barred---Validity---Consent decree had attained finality for all intents and purposes--High Court declined to interfere in order dismissing application under S. 12 (2) C.P.C.---Decree was in the nature of a compromise decree and was not only binding upon parties as a contract between them but also operated as res judicata between parties thereto with regard to matters which constituted main foundation of agreement of compromise---Principle of res judicata was rightly applied by Trial Court in subsequent proceedings---High Court imposed cost of Rs.1 million upon appellant / defendant under S. 35 (1) (iii), C.P.C. which…
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