SABIR TRADERS SOLE PROPRIETORSHIP vs NATIONAL BANK OF PAKISTAN S — 2023 CLD 247 QUETTA-HIGH-COURT-BALOCHISTAN

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SABIR TRADERS SOLE PROPRIETORSHIP VS NATIONAL BANK OF PAKISTAN S. 22(1), (2)---Limitation Act (IX of 1908), Ss. 5 & 29(2)---Civil Procedure Code (V of 1908), O. XLIII, R. 3---Appeal---Statutory limitation---Condonation of delay---Advance notice, non-issuance of---Appellants/borrowers were aggrieved of judgment and decree passed by Trial Court---Appeal filed by appellants / borrowers was barred by 12 days and they did not issue advance notice to respondent/Bank---Validity---Appellants/borrowers did not furnish any sufficient cause for condonation of delay of 12 days in filing of appeal, which was barred by time and was liable to be dismissed---Reason mentioned by appellants/borrowers in application for condonation of delay was baseless and false, therefore, delay could not be condoned even in absence of counter affidavit by respondent/Bank---Special limitation prescribed by S. 22(1) of Financial Institutions (Recovery of Finances) Ordinance, 2001, itself was not subject to application of S. 5 of Limitation Act, 1908, due to bar contained in S. 29(2)(a) & (b) of Limitation Act, 1908---Reliance on S. 5 of Limitation Act, 1908 for condonation of delay in filing appeal was misplaced---Provision of general law, (Limitation Act, 1908) did not apply to special law [Financial Institutions (Recovery of Finances) Ordinance, 2001]---Appellants/borrowers did not comply with the provision of S. 22(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 before filing appeal, which provided for a notice of filing of appeal in accordance with the provisions under O. XLIII, R. 3, C.P.C. to respondent/Bank, so that it could appear to contest admission of appeal on the date fixed for hearing---Provisions of S. 22(1) of Financial Institutions (Recovery of Finances) Ordinance, 2001, were mandatory and violation thereof did not cure that illegality committed at filing of appeal---Appeal was dismissed in circumstances.

SABIR TRADERS SOLE PROPRIETORSHIP vs NATIONAL BANK OF PAKISTAN S — 2023 CLD 247 QUETTA-HIGH-COURT-BALOCHISTAN

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