| Case ID |
225a8798-257f-4493-bb67-fe7f260faf54 |
| Body |
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| Case Number |
E.F.A. No. 499 of 2005 |
| Decision Date |
Feb 13, 2006 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the execution petition was barred by limitation. The court ruled that the execution of the decree must comply with the provisions of the Limitation Act, and since the first application for execution was not made within the prescribed period, it was deemed time-barred. The court emphasized the importance of adhering to the limitation periods established by law, reiterating that the provisions of the Limitation Act apply to execution applications as well. The conduct of the bank officials was criticized for negligence, and an inquiry was directed against those responsible. |
| Summary |
In the case of E.F.A. No. 499 of 2005 decided by the Lahore High Court, the appellant, Habib Bank Limited, filed a recovery suit against M/s. Five Star Travels and others for an amount of Rs. 13,25,932. The Banking Court initially decreed the suit but later, the execution petition was dismissed due to being time-barred. The court highlighted the provisions of the Limitation Act, emphasizing that the execution application must be filed within a specified period, specifically three years for the first application as per Article 181. The court further noted that the bank's failure to act promptly in executing the decree was indicative of negligence. This case underscores the critical importance of adhering to legal timeframes in recovery proceedings, which is essential for maintaining the integrity of the judicial process. The ruling serves as a reminder that legal practitioners must ensure timely actions to avoid adverse outcomes for their clients. |
| Court |
Lahore High Court
|
| Entities Involved |
Habib Bank Limited,
M/s. Five Star Travels
|
| Judges |
Mian Hamid Farooq,
Syed Hamid Ali Shah
|
| Lawyers |
Mr. Shamas Mehmood Mirza
|
| Petitioners |
Habib Bank Limited
|
| Respondents |
2 others,
M/s. Five Star Travels
|
| Citations |
2007 SLD 3065,
2007 PLJ 106
|
| Other Citations |
PLD 1990 SC 778,
1996 SCMR 759
|
| Laws Involved |
Civil Procedure Code, 1908,
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Limitation Act, 1908
|
| Sections |
48,
24(2),
181
|