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ZARAI TARQIATI BANK LIMITED vs AFZAL SHAH Ss — 2023 CLD 165 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLD 165 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLD
Parties
ZARAI TARQIATI BANK LIMITED vs AFZAL SHAH Ss
Subject matter
Criminal
Provisions referred to
S. 19; S. 20; 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

ZARAI TARQIATI BANK LIMITED VS AFZAL SHAH Ss. 9 & 22---Limitation Act (IX of 1908), Ss. 19 & 20---Suit for recovery of Bank loan---Limitation---Debt, non-acknowledgement of---Fresh period of limitation---Principle---Suit filed by appellant/Bank was dismissed ex-parte by Trial Court---Validity---In order to invoke provision of S. 19 of Limitation Act, 1908, condition precedent was that such acknowledgement had to be made within the period of limitation prescribed for claims sought to be enforced and the same was to be fulfilled in first place---Any credit entry in account constituting an acknowledgment of payment, as per provisions of S. 20 of Limitation Act, 1908, had to be in handwriting or in writing signed by person making the payment so as to bring the case either within the purview of S. 19 or 20 of Limitation Act, 1908, whereby acknowledgment of payment was to be made in handwriting or in a writing signed by the person making the payment within the period of limitation---Fresh period of limitation was to only start when firstly payment/ acknowledgement was made before expiry of period of limitation and secondly, the same was in handwriting and signed by the party against whom and the right was claimed---Appellant/Bank failed to point out or refer any documents showing payment of amount in the handwriting or even signed by respondent/defendant and Trial Court rightly proceeded to non-suit appellant/Bank by holding that suit filed by appellant/Bank was barred by period of limitation---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed in circumstances.

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