1. ' ZIA PERWAZ, J.-Appeals Nos.22 to 55, 58 to 65, 69 to 81, 97 to 135, 141 to 180 and 184 to 190 of 2002 (141 appeals) are pressed on similar facts and involve common point of law and are being disposed of by this common order.
2. ' The appellant-Bank provided agricultural loan to respondents, who are stated to be owners of agricultural lands. On failure to recover the amount, suit was instituted before the Bank Court No,1, Hyderabad and considering the period of limitation as 3 years the suits were dismissed as time- barred vide the impugned judgment and decree dated 4-3-2002, against which the present appeal is preferred. Respondents were served through publication but have remained absent.
3. ' In view of the important question of law of public importance, we have also heard Mr. Anwar Mansoor Khan, learned Advocate-General, Sindh.
4. ' The only point requiring examination for disposing of these appeals, is the period of limitation in these cases. The loan was extended for agricultural purposes. Such loans are covered under the provisions of the Loans for Agricultural Purposes Act, 1973 and are secured by a charge created by the enforcement in the respective pass book in pursuance to section 4(3) and (4) of the said Ordinance, which reads as follows:-- "(3) The pass book shall be deemed to be a title deed and accepted as such by the Bank for granting a loan or advance to a landowner on the security of such land entered therein as he may indicate.
(4) If the Bank grants a loan or advance to the landowner on the production of the pass book, the Bank shall endorse the pass book against the entry relating to the land on the security of which the loan or advance is granted by it."
5. ' In view of the provisions of the above section a 'charge' is created in pursuance to section 4(5) of the Loans for Agricultural Purposes Act, 1973 'charge' is defined under section 100 of Transfer of Property Act and a creation of the charge under the circumstances would constitute a simple mortgage. The loan is further secured by personal guarantee in each individual case.
6. ' The period of limitation for recovery and applicable in case of a 'charge' in such cases is provided under Article 132 of the Schedule to the Limitation Act, which is twelve years as under:--
132. To enforce payment of Twelve When the money charged upon years. Money becomes immovable property. Due.
7. Explanation.---For the purposes of this Article:--
(a) The allowance and fees respectively called Malikana and Haqqs; and
(b) The value of any agricultural or other produce the right to receive which is secured by a charge upon immovable property; and
(c) Advances secured by mortgage by deposit of title deeds shall be deemed to be money charges upon immovable property."
8. ' The trial Court has failed to consider this provision which applies to the suits pertaining to the appeals.
9. ' In view of the above, we have no alternative but to set aside the impugned judgment and decree and remand the case to the trial Court for decision of each suit on merits after taking into consideration Article 132 of the Limitation Act.
10. ' Appeals are allowed with the above observations.