PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

GENERAL MANAGER, HOUSE BUILDING FINANCE COMPANY LTD., PESHAWAR vs MUHAMMAD FAYAZ KHAN Ss — 2022 CLD 227 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLD 227 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLD
Parties
GENERAL MANAGER, HOUSE BUILDING FINANCE COMPANY LTD., PESHAWAR vs MUHAMMAD FAYAZ KHAN Ss
Subject matter
Civil
Provisions referred to
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

GENERAL MANAGER, HOUSE BUILDING FINANCE COMPANY LTD., PESHAWAR VS MUHAMMAD FAYAZ KHAN Ss. 9 & 22---Limitation Act (IX of 1908), Art. 132---Enforcement of money charged on immovable property---Limitation---Appellant was House Building Finance Company and suit filed by the Company was dismissed by Banking Court on the ground of limitation---Validity---Held, in the event of failure on the part of respondents/defendants to pay off their liabilities, the appellant/company should have filed recovery suits against them within twelve years as envisaged under Art. 132 of Limitation Act, 1908---Such period of limitation was provided when money sued for had become due so as to enforce payment of money charged upon immovable property---As against the same, appellant company filed recovery suits beyond the prescribed period of limitation---Banking Court had rightly appreciated question of limitation while handing down the findings whereby recovery suit was dismissed as time barred---Appeal was dismissed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 CLD

Back to the case-law library · Search Pakistani case law in Urdu or English