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2002 CLD 657

Messrs MUNIR & CO., KAMALIA and 2 others vs ALLIED BANK OF PAKISTAN

Citation2002 CLD 657
CourtLahore High Court
Judge(s)Jawwad S. Khawaja, Abdul Shakoor Paracha
ResultAppeal dismissed

JAWWAD S. KHAWAJA, J.---This appeal impugns the judgment and decree, dated 21-11-1996 passed by the Special Court Banking, Faisalabad. The appeal having been filed after the expiry of the period of limitation an application under section 5 of the Imitation Act has also been filed seeking condonation of delay. Learned counsel for the respondent-Bank has at the outset contended that the provision of section 5 of the Limitation Act are not available to the appellants because an express period of limitation has been stipulated in the Banking Companies (Recovery of Loans) Ordinance, 1979. This contention is well-founded as it is based on section 29 of the Imitation Act.

2. Even otherwise the ground urged for condonation of delay is that Muhammad Zaheer Butt was engaged in the marriage ceremony of his daughter. The appeal as well as the application under section 5 of the Limitation Act have been filed by Khan Younus Khan, Advocate. The reasons given in the application does not constitute sufficient cause which would have justified condonation of delay even if the provisions of section 5 of the Imitation Act had been applicable to the present appeal.

3. For the foregoing reasons this appeal being time-barred is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 1 case

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