' ABDUL SHAKOOR PARACHA, J.---By an order, dated 15-9-1993 the learned Banking Court, Lahore, dismissed the execution petition filed by the appellant-Bank on the ground that the application for execution of the decree was barred by limitation.
2. The learned counsel for the appellant-Bank contends that the learned Judge has erred in law while holding that the execution application should have been filed within a period of three years from the passing of the decree as required under section 48, C.P.C. And Article 181 of the Limitation Act. According to the learned counsel, in view of amended provisions of section 48, C.P.C. And the case reported as Mehboob Khan v. Hassan Khan Durrani (PLD 1990 SC 778) the period of limitation for filing the execution petition of a decree is 6 years.
3. In the present case, the decree was passed on 30-5-1975 by the Civil Judge and the application for execution of the same was moved on 3-5-1981. In view of the amendment in section 48, C.P.C., the period of limitation for filing the execution application is 6 years as held by the Hon'ble Supreme Court in the case of Mehboob Khan (supra).
4. In view of the above, this appeal is accepted, the impugned order, dated 15-9-1993 is set aside.
As a result thereof, the execution petition filed by the appellant Bank against the respondent shall be deemed to be pending, which shall be proceeded with and decided in accordance with law. No order as to costs.