The Bank of Azad Jammu and Kashmir vs Muhammad Ramzan Abbasi S — 2025 MLD 794 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2025 MLD 794 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2025
Reporter: MLD
Parties: The Bank of Azad Jammu and Kashmir vs Muhammad Ramzan Abbasi S
Subject matter: Criminal
Provisions referred to: S. 5---F; S. 22---A

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

The Bank of Azad Jammu and Kashmir VS Muhammad Ramzan Abbasi S. 5---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 22---Appeal, preferring of---Limitation---Condonation of delay --- Sufficient cause --- Scope ---- High Court dismissed the appeal filed by the Bank on the ground of limitation ---Validity --- Argument of Bank / appellant was that there was sufficient cause for the delay, asserting that the judgment and decree of the Trial Court were not within knowledge of the Bank /appellant ; upon gaining such knowledge, the appellant obtained attested copies of the judgment, got sanction to file the appeal and engaged counsel after completing all the necessary legal formalities, thus the appeal was filed within the limitation period from the date of knowledge--- Validity --- Said cause for delay was not substantiated by the record as the judgment and decree were announced in the presence of both the parties and before the appeal was filed, execution proceedings had already been initiated by the Banking Court--- Therefore, the reason advanced for condonation of delay was misconceived---Without first overcoming the barrier of limitation, the Courts are not justified addressing the merits of the case---Delay can only be condoned if a sufficient and valid cause is demonstrated in the application seeking such condonation--- High Court had rightly deemed the appeal as time barred and dismissed the same without delving deep into the merits of the case --- Appeal , filed by the Bank, was dismissed.

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