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2002 CLD 1143

AMJAD ALI and anothers vs Messrs M.C.B. and another

Citation2002 CLD 1143
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 595-/L and 601-L of 2002
Date2002-02-28
Judge(s)Faqir Muhammad Khokhar, Munir A. Sheikh, Tanvir Ahmed Khan
ResultLeave refused

' MUNIR A. SHEIKH, J.---By this common judgment we propose to decide both the petitions involving common question of law and facts.

2. The applications filed by the petitioners for setting aside ex parte decree of Banking Court which is against them as guarantors, were dismissed on 7-4-2000 against which they filed appeals before the Lahore High Court which have been dismissed through the impugned judgment, dated 19-10-2000, against which leave is sought.

3. Both these petitions are barred by time by 425 days. The petitioners have filed applications for condonation of delay in which it has been stated that criminal proceedings in respect of the documents allegedly executed by the petitioners as guarantors against respondent No,2 loanee and a Bank Officer were pending in which the said respondent and the Bank Officer co-accused person were granted bail against cash security amounting to Rs,2,50,000 each which they deposited, which was adjusted by the said Court against the loan on 30-7-2001, therefore, the petitioners felt satisfied that the decretal amount had already, been paid to the Bank-decree- holders, therefore, there was no need to file appeal.

4. We are afraid, if this ground can be held to be sufficient ground, for the judgment impugned in this case was passed on 19-10-2000 whereas the said adjustment was made on 30-7-2001 which too was set aside by the High Court therefore, there is no explanation as to why the petitioners against whom ex parte decree had been passed and their applications for setting aside the same had been dismissed, should not have approached this Court within period of limitation.

5. The applications for condonation of delay are hereby dismissed, as a consequence of which the main petitions are also dismissed as barred by time and .

Cited by 2 cases

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