HABIB BANK LIMITED vs COMMON TRADERS (PVT — 2022 CLD 229 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLD 229 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLD
Parties: HABIB BANK LIMITED vs COMMON TRADERS (PVT
Subject matter: Civil
Provisions referred to: S. 22---P; S. 22; Civil Procedure Code (V of 1908); 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

HABIB BANK LIMITED VS COMMON TRADERS (PVT.) LIMITED Ss. 22 & 19---Civil Procedure Code (V of 1908), O. XLI, R. 20---Limitation Act (IX of 1908), S. 22---Procedure of Banking Court---Suit for recovery---Decree of Banking Court---Adjudication of appeal against decree of Banking Court---Adding of necessary party to appellate proceedings under S. 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Scope---Appellant Bank sought to add name of respondent to appeal against decree of Banking Court, and said respondent was defendant in suit filed by appellant Bank---Per S. 22 of Limitation Act, 1908, limitation started to run against newly added respondent on date he was so impleaded---Appeal, in the present case, was filed in year 2014 and application under O. XLI, R. 30, C.P.C. to add respondent, was filed in the year 2020, after a delay of six years, when appeal against said respondent had become barred by limitation---Said respondent was necessary party as impugned order of Banking Court was passed in his favour with direction to appellant Bank to release said respondent's personal guarantee and property---In absence of said respondent, impugned decree of Banking Court could not be set aside as he was beneficiary of said order---Application under O. XLI, R. 20, C.P.C. and main appeal were dismissed, in circumstances.

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