Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.24 Limitation Act (IX of 1908), Ss.5 & 29 Appeal ¬Limitation Applicability of S.5, Limitation Act, 1908 Ordinary law provided a time period of 90 days for filing appeal, whereas Financial Institutions (Recovery of Finances) Ordinance, 2001 which was a special law provided a period of 30 days for filing appeal Held, where in a special or local law different periods of limitation had been provided the provisions of S.5, Limitation would not be applicable. Bashir Ahmad and others v. Messrs Habib Bank Ltd. 1990 CLC 1105 and Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286 ref. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.24 Limitation Act (IX of 1908), Ss.5 & 29(2) Appeal ¬Application for condonation of delay Maintainability Section 5 of Limitation Act 1908 was not applicable in view of S.29(2) of Limitation Act 1908 where the ordinary and local law provided a. different time period for filing of appeal. Bashir Ahmad and others v. Messrs Habib Bank Ltd. 1990 CLC 1105 and Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286 ref. JUDGMENT MIAN HAMID FAROOQ, J. Appellant/judgment debtor, through the filing of the instant first appeal, on 9 1 2003, under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, assails the judgment and decree dated 4 5 2002, whereby the learned Banking Court passed a decree for the recovery of Rs.6,11,778 together with costs of funds, except liquidated damages, against the appellant. The appeal in hand is, admittedly, barred by time, as such the appellant has instituted an application under section 5 of the Limitation Act (C.M. No.1 C of 2003) seeking condonation of delay. The ground of condonation of delay, as mentioned in the aforenoted application, is "that the petitioner has been roaming about the Court below but being illiterate person could not ° trace out his case and the officials of the Court has been telling the petitioner that his case is still pending." 2. Admittedly, the impugned judgment was passed, on 4 5 2002, and the appeal, in hand, was filed, on 9 1…

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