CLD 2002

2002 PLP 666 (CLD)

Miss RAZIA SULTANA‑‑‑Appellant Versus HABIB BANK LTD. ‑‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
First Appeal from Order No.179 of 2001, heard on 12th February, 2002.
Honorable Judges
Jawwad S. Khawaja and Abdul Shakoor Paracha, JJ
Case Reference Summary (AEO Optimized)
Citation 2002 PLP 666 (CLD)
Forum / Court Lahore
Bench Members Jawwad S. Khawaja and Abdul Shakoor Paracha, JJ
Parties Miss RAZIA SULTANA‑‑‑Appellant Versus HABIB BANK LTD. ‑‑‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2002 PLP 666 (CLD)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2002 PLP 666 (CLD)?

The case was heard and decided by the Lahore bench comprising: Jawwad S. Khawaja and Abdul Shakoor Paracha, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2002 PLP 666 (CLD) (Miss RAZIA SULTANA‑‑‑Appellant Versus HABIB BANK LTD. ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Shabbir Ali Chauhan for Appellant.
  • Ch. Muhammad Mansha for Respondent.
  • Date of hearing: 12th February, 2002.

Headnotes / Summary

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)‑ ‑‑‑‑S.12‑‑Ex pane decree, setting aside of‑‑‑Limitation‑‑‑Filing of application for setting aside ex parte decree after prescribed period of limitation without giving valid or justifiable cause for delay‑‑‑Banking Court had rightly dismissed such application as being time‑barred.

Judgment & Decree

JAWWAD S. KHAWAJA, J.‑‑‑‑This appeal impugns the ex parte decree, dated 7‑12‑2000, passed by the learned Banking Court, Lahore, and the order, dated 17‑4‑2001 passed by the said Court dismissing an application filed by the appellant for setting aside of the aforesaid ex parte decree.

2. The learned counsel for the respondent‑Bank has pointed out that the appellant was aware of the fixation of the case before the learned Banking Court and had entered appearance through counsel.

3. The application for setting aside of the decree was admittedly filed after the prescribed period of limitation. No valid or justifiable cause has been given for delay in filing of the said application. In these circumstances, the said application being time‑barred was rightly dismissed by the learned Banking Court. There is no merit in this appeal, which is dismissed accordingly. S.A.K./R‑111/L Appeal dismissed.