Law: Banking Companies (Recovery of Loans), Ordinance, 1979

Section: 12 , 14

Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ----S.12---Civil Procedure Code (V of 1908), O.IX, R.13---Limitation Act (IX of 1908), S.14---Ex parte decree, setting aside of---Appeal---Delay, condonation of---On filing application by judgment-debtors for setting aside ex parte decree passed against them, Court ordered issuance of notice to decree-holder on condition that judgment-debtors would deposit decreed sum in cash or by furnishing Bank Guarantee, but he failed to do accordingly despite extension of time, consequently application for setting aside ex parte decree was dismissed-- Judgment-debtor filed appeal against order of Trial Court, but due to lack of pecuniary jurisdiction, memo of appeal was returned to appellant to be presented to proper Court---Appellant/judgment-debtors filed instant appeal alongwith application for condonation of delay in filing appeal---Appellants, having failed to comply with lawfully imposed condition of Trial Court with regard to deposit of decreed sum despite securing extension of time for that purpose and having failed to make out case for condonation of delay which otherwise was hopelessly time-barred, had no case and their appeal was consequently dismissed and having failed to make out case for condonation of delay which otherwise was hopelessly time-barred, had no case and their appeal was consequently dismissed. Ch. Muhammad Abdullah for Appellants. Shahid Hussain Kadri for Respondent. Date of hearing: 13th April, 1991. JUDGMENT On 18-7-1979, appellants applied under Rule 13 of Order IX, C.P.C. to have an ex parte decree dated.30-6-1979 for recovery of Rs.69,561.80 passed in favour of the respondent-bank being set aside on account of misapprehension about the date of hearing. Notice was ordered on the same day to be issued for 30-7-1979 on the condition simultaneously  imposed  for  the  decreed-sum  being  deposited  in  cash  or  a   bank-guarantee of equivalent value being provided upto 26-7-1979, which date was subsequently extended to 15-9-1979 for furnishing for bank-guarantee so that the application be accepted. Compliance was not made and…