Case Details

Citation(s)
2002 SLG 2186 2002 SLD 2186 2002 CLD 787
Lahore High Court
First Appeal from Order No. 182 of 1993, heard on 23rd January, 2002.
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Mian Qamar uz Zaman for Appellant. Nemo for
Respondents.

NATIONAL BANK OF PAKISTAN --Appellant

VS

. Messrs RIAZ AHMAD & SONS (REGD.) through Managing Partner and 2 others --Respondents Mehboob Khan v. Hassan Khan Durrani PLD 1990 SC 778 fol.

Law:

Section:

Civil Procedure Code (V of 1908) S.48 Execution Limitation Banking Court dismissed execution application on the ground that the same was filed three years after passing of and decree Validity Period for filing of execution application was six years in view of S.48, C.P.C. Where decree was passed on 30 5 1975, the execution application moved on 3 5 1981, was within time Order passed by the Banking Court was set aside and the execution application was deemed to be pending Appeal was allowed in circumstances. JUDGMENT ABDUL SHAKOOR PARACHA, J. By an order, dated 15 9 1993 the learned Banking Court, Lahore, dismissed the execution petition filed by the appellant Bank on the ground that the application for execution of the decree was barred by limitation. 2. The learned counsel for the appellant Bank contends that the learned Judge has erred in law while holding that the execution application should have been filed within a period of three years from the passing of the decree as required under section 48, C. P. C. and Article 181 of the Limitation Act. According to the learned…
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