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PAK LEATHER CRAFTS LIMITED vs AL-BARAKA BANK PAKISTAN LIMITED S — 2022 CLD 1296 SUPREME-COURT

Case information

Citation
2022 CLD 1296 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
CLD
Parties
PAK LEATHER CRAFTS LIMITED vs AL-BARAKA BANK PAKISTAN LIMITED S
Subject matter
Civil
Provisions referred to
S. 22---L; S. 12; Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAK LEATHER CRAFTS LIMITED VS AL-BARAKA BANK PAKISTAN LIMITED S. 22---Limitation Act (IX of 1908), S. 12(5)---Appeal against judgment of Banking Court---Limitation period, commencement of---Time consumed by appellant in payment of fee/cost for certified copies of the decree passed by Banking Court---Whether such time could be excluded under section 12(5) of the Limitation Act, 1908 while computing the period of limitation---Held, that mere filing of an application for obtaining certified copies (without payment of fee/cost) would not suffice to stop the period of limitation---Filing of application for obtaining certified copies pre-supposes the payment of cost for obtaining them---Application for certified copies referred to is not entertained and/or processed till the prescribed fee/cost is paid---Subsection (5) to section 12 of the Limitation Act, 1908 provides commencement of period of limitation from the day actually intimated to the applicant to be the day on which the certified copy will be ready for delivery.

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