| Citation(s) |
|---|
| 2002 SLG 2169 2002 SLD 2169 2002 CLD 657 |
Lahore High Court
First Appeal from Order No. 14 of 1997, heard on 30-01-2002.
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Muhammad Zaheer Butt for Appellants. Mukhtar Abbas for
Respondent.
First Appeal from Order No. 14 of 1997, heard on 30-01-2002.
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Muhammad Zaheer Butt for Appellants. Mukhtar Abbas for
Respondent.
Messrs MUNIR & CO., KAMALIA and 2 others --Appellants
VS
. ALLIED BANK OF PAKISTAN LIMITED through 2 Attorneys --Respondent
Law:
Section:
Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) S.12 Limitation Act (IX of 1908), Ss. 5 & 29 Appeal, delay in filing of Condonation Sufficient cause Ground urged in application under S.5 of Limitation Act, 1908, was that appellants' counsel was busy in marriage ceremony of his daughter Respondent contended that provisions of S.5 of Limitation Act, 1908, were not available to appellants, because an express period of limitation for filing appeal had been provided in the Banking Companies (Recovery of Loans) Ordinance, 1979 Validity Contention of the respondent was well founded as the same was based on S.29 of Limitation Act,1908 Reason given in application did not constitute sufficient cause Justifying condonation of delay, even if the provisions of S.5 of Limitation Act, had been applicable to the appeal Appeal was dismissed being time barred. JUDGMENT JAWWAD S. KHAWAJA, J. This appeal impugns the judgment and decree, dated 21 11 1996 passed by the Special Court Banking, Faisalabad. The appeal having been filed after the expiry of the period of limitation an application under section 5 of the Limitation Act has also been filed seeking…
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