| Case ID |
374c53c3-6f2f-4c5b-8093-2f36afb8dcbe |
| Body |
View case body. Login to View |
| Case Number |
F.A.O. No. 203 of 2015 |
| Decision Date |
Feb 15, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal filed by the appellant against the ex-parte judgment and decree passed by the Banking Court. The court held that the appellant failed to provide sufficient evidence of fraud or misrepresentation necessary to set aside the decree. The appeal was filed beyond the limitation period prescribed under the Financial Institutions (Recovery of Finances) Ordinance, 2001, and the court ruled that the provisions of the Limitation Act, 1908 did not apply in this case. The High Court found no legal basis to interfere with the Banking Court's decision, resulting in the dismissal of the appeal. |
| Summary |
In the case of F.A.O. No. 203 of 2015, the Lahore High Court dealt with an appeal regarding the dismissal of an application to set aside an ex-parte judgment and decree issued by the Banking Court. The appellant, who was not present during the original proceedings, argued that the decree was passed without jurisdiction and in violation of natural justice principles. However, the court found that the appellant did not demonstrate any elements of fraud or misrepresentation in their claims. Furthermore, the court highlighted that the Financial Institutions (Recovery of Finances) Ordinance, 2001 provides specific limitations for appeals, and the Limitation Act, 1908 is not applicable in this context. The decision reinforces the importance of adhering to statutory periods for filing appeals and the necessity of presenting substantial evidence when seeking to overturn judgments. This case underscores vital principles of legal representation and procedural justice in financial recovery matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AYESHA A. MALIK,
JAWAD HASSAN
|
| Lawyers |
Muhammad Jamil
|
| Petitioners |
Not available
|
| Respondents |
HABIB BANK LIMITED
|
| Citations |
2018 SLD 1689,
2018 CLD 1027
|
| Other Citations |
2016 CLD 2160,
2001 SCMR 286,
2015 CLD 637,
2015 CLD 959
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
5,
12,
22,
12(2),
5,
29(2)
|