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

2022 CLD 1068 COMPETITION COMMISSION OF PAKISTANPAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS VS S. 33---Customs act (IV of 1969), S. 155-H---Powers of the Commission in…
2022 CLD 932 ISLAMABADSAMSONS GROUP OF COMPANIES VS PANTHER DEVELOPERS S. 35 [as amended by Cost of Litigation Act (XVII of 2017)]---Cost of litigation, imposing…
2022 CLD 656 SUPREME-COURTMrs. NAILA NAEEM YOUNUS VS INDUS SERVICES LIMITED Preamble---Companies Ordinance (XLVII of 1984) [since substituted by the Companies Act, 20…
2022 CLD 1549 LAHORE-HIGH-COURT-LAHOREMASOOD FABRICS LIMITED VS JOINT REGISTRAR OF COMPANIES Ss. 270, 280, 281, 282 & 284---Scheme of arrangement and merger---Scope---Petitioner…
2022 CLD 352 KARACHI-HIGH-COURT-SINDHMIRPURKHAS SUGAR MILLS LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice Ss. 3, 4 & 10---Constitution of Pakis…
2022 CLD 525 COMPETITION COMMISSION OF PAKISTANSHOW CAUSE NOTICE ISSUED TO WEIGHT LOSS PRODUCTS MANUFACTURING COMPANIES VS S. 10---Deceptive marketing practices---Scope---An undertaking m…

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