| Citation(s) |
|---|
| 2005 SLG 424 2005 SLD 424 2005 SCMR 1108 |
Supreme Court of Pakistan
C.P.L.A. No.910-L of 2000, decision dated: 4-03-2003. (On appeal from the order dated 22-2-2000 passed in F.A.O. No. 39 of 2000 of the Lahore High. Court, Lahore)
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Sh. Azhar Salam, Advocate Supreme Court for Petitioner. Nemo for
Respondent
C.P.L.A. No.910-L of 2000, decision dated: 4-03-2003. (On appeal from the order dated 22-2-2000 passed in F.A.O. No. 39 of 2000 of the Lahore High. Court, Lahore)
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Sh. Azhar Salam, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Ch. MUHAMMAD YOUSAF
VS
UNITED BANK LIMITED
Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997
Section: 21
Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997
Section: 21
Law: Constitution of Pakistan, 1973
Section: 185(3)
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--- ----S.21---Constitution of Pakistan (1973), Art. 185(3)---Appeal--Limitation---During execution proceedings, appellant filed objection before Executing Court which was dismissed on 10.9.1999---Application for obtaining certified copy of the order was filed on 8.2.2000, i.e. after the expiry of prescribed period for filing appeal under S:21 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997---Appeal was time barred and the appellant failed to point out any sufficient cause for condonation of delay---High Court dismissed the time barred appeal on the ground that nobody should be allowed to get benefit of his own mis-deed/negligence---Validity---Appellant failed to show any illegality or infirmity in the calling interference by Supreme Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 22-2-2000 whereby F.A.O. No.39 of 2000 filed by the petitioner was dismissed by a learned Division Bench of the Lahore High Court, Lahore being hopelessly time-barred. 2. Facts briefly are that a recovery suit was filed by the respondent-Bank against Messrs Sheikh Carpet Pvt. Ltd. which was decreed by the Judge Banking Court No.4, Lahore vide his judgment, dated 25-11-1998. The Bank filed execution application and the present petitioner filed objection petition before the learned Banking Court. The said objection petition was dismissed vide order dated 10-9-1999 being frivolous and unconvincing. Thereafter, the petitioner remained dormant and moved a miscellaneous application under section 151, C.P.C. before the…
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