Law:

Section:

(a) Limitation Act (IX of 1908)---Ss. 5 & 29---Applicability of S.5---Limitation Act, 1908--­Ordinarily time under Limitation Act, 1908 for filing of appeal was 90 days, whereas Banking Tribunals Ordinance, 1984 being a special law had prescribed a period of 30 days for filing of appeal ---Condonation of delay---Where special law provides a different period of limitation than the ordinary law, S.5 of Limitation Act has no applicability in view of the provisions of S.29(2) of the Limitation Act. Bashir Ahmed 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) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--- -----S.7---Civil Procedure Code (V of 1908), S.12(2)---Section 12(2), Civil Procedure Code 1908 has no applicability to the proceedings arising out of the Banking Companies (Recovery of Loans, Advance, Credits and Finances) Act 1997---Application by appellant under S.12(2), C.P.C. was misconceived, incompetent and not maintainable and was rightly dismissed by the Banking Court. JUDGMENT MIAN HAMID FAROOQ, J.-Messrs Mushtaq & Company etc, the appellants/judgment-debtors, through the filing of the appeal in hand, on 2-8-1997, under section 21 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances), Act, 1997, have called in question judgment and decree dated 9-6-1996, passed by the then Banking Tribunal and order dated 5-7-1997, rendered by the Banking Court with the prayer "that this Honourable Court may graciously accept this appeal and set aside the judgment and decree dated 9-6-1997 and order dated 5-7-1997". 2. Briefly stated the facts, relevant for the decision of the present appeal, are that the respondent-Bank, on 2-1-1992, filed a suit for the recovery of Rs.9,56,717 against the appellants alleging therein that at the request of the appellants a cash finance limit of Rs.15 Lacs was sanctioned and then availed by them against the security of pledge of goods and mortgage of property. The appellants executed the relevant documents and as then failed to liquidate the outstanding liabilities, thus, necessitated…

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