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Petitioner: SHAUKAT HUSSAIN VS Respondent: HABIB BANK LIMITED
Court Name: Lahore High Court Judge(s): Sayed Zahid Hussain, Abdul Shakoor Paracha Title: SHAUKAT HUSSAIN vs HABIB BANK LIMITED Case No.: Regular First Appeal No.600 of 1996 Date of Judgment:2003-04-03 Reported As: 2005 CLD 1621 Result: Appeal dismissed.
JUDGMENT
JUDGMENT SYED ZAHID HUSSAIN, J.---This appeal, directed against the judgment of the Banking Tribunal, Faisalabad, dated 18-4-1996, is prima facie time-barred. An application under section 5 of the Limitation Act, 1908 has been filed for seeking condonation of delay. , The learned counsel for the respondent-Bank contests the application that the provisions of section 5, Limitation Act, 1908, have not been made applicable to the Banking Tribunals Ordinance, 1984, and that even no reason worth considering for condonation of delay in filing the appeal has been brought forth. 2. We find from the record that the judgment was rendered by the learned Banking Tribunal on 18- 4-1996, but the copy thereof was applied for on 6-6-1996 by which time the period of limitation for filing of the appeal had already run. Even thereafter the appeal was not filed promptly after obtaining copy of the judgment and decree and considerable time was allowed to elapse. There is hardly any ground made out for seeking condonation of delay. This is besides the fact that A section 5 of the Limitation Act, 1908, is not applicable to such an appeal. The appeal is thus, clearly time-barred. The application as also the appeal, therefore, is dismissed. No order as to costs.
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