Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S. 22 Limitation Act (IX of 1908), Ss.5, 29(2) & Art. 156 ¬Appeal before High Court against /decree of Banking Court Condonation of delay Application under S.5 of Limitation Act, 1908 Maintainability Under ordinary law, period of 90 days was prescribed under Art. 156 of Limitation Act, 1908 for filing first appeal before High Court Present appeal was governed by provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001, which was a special law and S.22(1) thereof prescribed a period of 30 days for filing such appeal Such special law had provided different period of limitation than ordinary law for filing present appeal Section 5 of Limitation Act, 1908 would not apply to present appeal ¬Such application was, thus, misconceived and not maintainable. Allah Ditta v. Farooq Ahmad and 3 others PLD 1979 Lah. 917; Bashir Ahmad and others v. Messrs Habib Bank Ltd. 1990 CLC 1105; Ali Muhammad and another v. Fazal Hussain and others 1983 SCMR 1239 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.22(1) Limitation Act (IX of 1908), S.5 Appeal ¬Condonation of delay of more than 3 months Plea of appellant was that respondent with his conscious mala fide effort who kept secret service to appellant; and that Banking Court without recording a declaration regarding due service of appellant passed impugned /decree Validity ¬Such plea would not disclose sufficient cause for not preferring appeal within period prescribed under law and for condonation of delay within parameters set up under S.5 of Limitation Act, 1908 High Court dismissed such application Resultantly appeal was dismissed being barred by time. ORDER Appellant through the filing of the present first appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, has called in question judgment and decree dated 17 1 2002, whereby the learned Banking Court, after proceeding ex parte against the appellant, decreed respondent's suit for the recovery of Rs.8,00,961 with costs and cost of funds,…

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