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1990 SCMR 946

SUPERINTENDING ENGINEER MULTAN DEVELOPMENT AUTHORITY, MULTAN and others vs HABIB BANK Ltd. and another

Petitioner: SUPERINTENDING ENGINEER MULTAN DEVELOPMENT AUTHORITY, MULTAN and others VS Respondent: HABIB BANK Ltd. and another

Court: Supreme Court of Pakistan Decision Date: 1989-08-28

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title:SUPERINTENDING ENGINEER MULTAN DEVELOPMENT AUTHORITY, MULTAN and

others vs HABIB BANK Ltd. and another Case No.: Civil Petition for Leave to Appeal No, 1039 of 1986 Date of Judgment:1989-08-28 Reported As: 1990 SCMR 946 Result: Leave granted Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the petitioners; against the dismissal by the High Court, of a Civil Revision. It had arisen out of rejection of petitioners application for execution of a money decree as time-barred. ' Learned counsel has contended that when due effect is given to the Law Reforms Ordinance, 1972 removing the hardship created by Article 182 of the Limitation Act, the same could not be re- introduced through any so-called rule of interpretation. According to him on the day the application for execution was filed--26-6-1983, the period of limitation for filing the same, was six years. And the same being within the said period, was not time-barred. We have noticed that a similar question raised before this Court in another case was answered in Mirza Akbar All v. National Bank of Pakistan 1985 SCM R 190. The effect thereof as also the questions raised by the learned counsel and those raised in this petition require examination. Leave to appeal, accordingly, is granted.

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