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ZARAI TARAQIATI BANK LIMITED vs SAMI ULLAH Ss — 2022 CLD 238 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLD 238 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLD
Parties
ZARAI TARAQIATI BANK LIMITED vs SAMI ULLAH Ss
Subject matter
Criminal
Provisions referred to
Limitation Act (IX of 1908)

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

ZARAI TARAQIATI BANK LIMITED VS SAMI ULLAH Ss. 19 & 22---Limitation Act (IX of 1908), Art. 181---Execution of decree---Possession of suit property---Limitation---Appellant Bank itself purchased suit property during auction in execution of decree passed against respondent/borrower---After confirmation of auction proceedings, Sale Certificate was issued in favour of appellant Bank on 28.1.2002, whereby sale had become absolute---Application for possession of acquired property was preferred by appellant Bank on 13.1.2020---Application filed by appellant Bank was dismissed as time barred---Validity---Appellant Bank was required to file such application within three years from date of issuance of Sale Certificate but they preferred to file such application after over seventeen and a half years and that was how Banking Court held the application barred by time---High Court declined to interfere in the order passed by Banking Court as such finding did not suffer from any illegality---Appeal was dismissed, in circumstances. Head NotesCase Description

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