' ABDUL SHAKOOR PARACHA, J.---This appeal impugns the judgment and decree passed against the appellants and others on 8-3-2002 by the learned Judge, Banking Court No,I, Gujranwala.
2. We note that the appeal is barred by limitation. An application (C.M. No,2-C of 2002) has been filed alongwith the appeal to condone the delay on the ground that section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 does not provide for any limitation and according to Article 156 of the First Schedule to the Limitation Act, the appeal could be preferred within 90 days.
3. In this case, certain dates are relevant. The decree was passed on 8-3-2002. Application for obtaining requisite copy of the judgment and decree was made on 20-3-2002 and the copy was prepared and delivered to the appellant on 21-3-2002. The appeal was filed vide diary No,3496 on 15-4-2002. The appellant filed the appeal after 30 days, whereas under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, the appeal has to be filed' within 30 days. The appellant seeks condonation of delay under section 5 of the Limitation Act.
4. By virtue of section 29(2)(b) of the Limitation Act, section 5 of the said Act does not apply as the Financial Institutions (Recovery of Finances) Ordinance, 2001 is a special law and prescribes 30 days' period of limitation for filing the appeal, which is different from the period prescribed for the appeal provided in the First Schedule to the Limitation Act. In consequence thereof, neither there is any ground for condonation of delay nor the delay can be condoned under section 5 of the Limitation Act, 1908.
5. Before parting with the judgment, we note that learned counsel for the appellant was under the impression that the period for filing the appeal under the statute has been provided as 90 days.
This was on the basis of book "Manual of Banking Laws in Pakistan" published by "Manzoor Law Book House" in which section 22(1) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 does not provide the limitation period and has been wrongly published as under: "22. Appeal.-(1) Subject to subsection (2), any person aggrieved by any judgment, decree, sentence or final order prefer an appeal to the High Court."
6. Section 22(1) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 provides 30 days' period for filing an appeal against any judgment, decree, sentence or final order passed by the Banking Court, which reads a under: "22. Appeal.-(1) Subject to subsection (2) any person aggrieved by any judgment, decree, sentence, or final order passed by a Banking Court may, within thirty days of such judgment, decree, sentence or final order prefer an appeal to the High Court."
(See PLJ 2001 Vol. XXIX. Federal Statutes, page 499) (sic): On the above stated facts, we note that it may be that the appellants have a cause of action against the publisher.
' Resultantly, the application (C.M. No,2-C of 2002) for condonation of delay as well as the appeal is dismissed.