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Petitioner: ABDUL SULTAN K. MERCHANT VS Respondent: Messrs FIRST GENERAL LEASING MODARAABA and others
Court Name: Sindh High Court Judge(s): Maqbool Baqar, Syed Zawwar Hussain Jaffery Title:ABDUL SULTAN K. MERCHANT vs Messrs FIRST GENERAL LEASING MODARAABA
and others Case No.: First Appeal No. 37 of 2001 Date of Judgment:2006-03-08 Reported As: 2007 CLD 523 Result: N/A Judgment ORDER SYED ZAWWAR HUSSAIN JAFFERY, J.---The present appeal has been preferred against the judgment and decree dated 26-2-2001 passed by Banking Court No.1 at Karachi in Suit No.5 of 2000. The appeal was presented on 8 5-2001, whereas the appellant applied for certified copy of the judgment on 26-2-2001 and received the copy on 19-4-2001. However, copy of the decree was not filed along with the memo. Of appeal: Such copy was filed as late as on 21-4-2004 along with a statement of the said date. The copy of the decree reveals that the decree was prepared on 9-4- 2001 and the appellant applied for a certified copy thereof on 2-4-2004. The same was delivered to the appellant on 6-4-2004. From the above, it is-clear that the decree was prepared before filing of the appeal i.e. Before 8-5-2001, however, the appellant obtained a copy thereof on 6-4-2004 and filed the same on 21-4-2004. Although the appeal was filed within the prescribed time however, 'since it did not accompany a copy of the decree, which had already been prepared and such copy, as noted above, was filed on 21-4-2004, the appeal shall be deemed to be barred by limitation and is accordingly dismissed along with the pending application.