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Petitioner: ALLIED BANK OF PAKISTAN LTD. VS Respondent: SHIFA LABORATORIES through Sole Proprietor and another
Court Name: Lahore High Court Judge(s): Umar Ata Bandial, Muhammad Khalid Mehmood Khan Title:ALLIED BANK OF PAKISTAN LTD. vs SHIFA LABORATORIES through Sole
Proprietor and another Case No.: R.F.A. No,525 of 1996 Date of Judgment:2010-03-11 Reported As: 2010 CLD 716 Result: Appeal dismissed Judgment ORDER UMAR ATA BANDIAL, J.---The impugned judgment and decree in this case is passed on 17-9-1996. The appellant applied for its certified copy on 18-9-1996. The certified copy was prepared on 24-9- 1996 and was collected on the same day by the' appellant. The appeal was, however, filed on 30- 10-1996 which is beyond the period of limitation by six days. 2. Learned counsel for the appellant has explained that the appeal was filed on the basis of another certified copy that was applied by the appellant on 22-9-1996 and was received on the date of its preparation that is 17-10-1996. The appeal has been filed within time with reference to the said certified copy. 3. The petition taken by the learned counsel for the appellant is not justified because the appellant came into possession of a certified copy of the impugned judgment and decree on 24-9-1996 and the fact that such certified copy was not utilized for the purpose of appeal, is not relevant. Consequently, time is deemed to have commenced with effect from the said date and not the date of, preparation of the second certified copy that is 17-10-1996. As a result, this appeal is time- barred and is dismissed. 4. Cross objections filed by the respondents shall come up for hearing on a date to be fixed by the office.