| Case ID |
3d70b612-5445-453f-9410-a65fd7c72e43 |
| Body |
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| Case Number |
Civil Appeal No. 45 of 1985 |
| Decision Date |
Mar 24, 1991 |
| Hearing Date |
Jan 29, 1991 |
| Decision |
The appeal was dismissed as the suit was found to be time-barred. The court noted that the delay in presenting the suit was significant and not justified, as the plaintiff failed to show sufficient cause for the delay. The court emphasized that the provisions of the Limitation Act were not applicable in this case due to the nature of the account between the parties. The judgment of the trial court was affirmed, and no interference was warranted. |
| Summary |
In this case, the Sindh High Court dealt with a civil appeal concerning the recovery of a bank loan under the Banking Companies (Recovery of Loans) Ordinance. The appeal arose from a suit filed by the Muslim Commercial Bank Limited against Haji Sohrab Khan for recovery of an amount that was claimed to be time-barred. The court examined the delay in filing the suit and the applicability of provisions under the Limitation Act. Ultimately, the court concluded that the delay was not excusable and upheld the lower court's decision to dismiss the suit. This case highlights the importance of timely filing in legal proceedings and the strict adherence to procedural requirements within banking law. Keywords such as 'bank loan recovery', 'limitation period', and 'civil appeal' are crucial for understanding the case's implications in the context of banking and legal practices. |
| Court |
Sindh High Court
|
| Entities Involved |
Muslim Commercial Bank Limited,
Haji Sohrab Khan
|
| Judges |
Syed Haider Ali Pirzada,
Allahdino Memon
|
| Lawyers |
I.M. Patel,
Muhammad Yousuf Leghari
|
| Petitioners |
Muslim Commercial Bank Limited
|
| Respondents |
Haji Sohrab Khan
|
| Citations |
1992 SLD 918 = 1992 CLC 1511
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Companies (Recovery of Loans) Ordinance (XIX of 1979),
Limitation Act (IX of 1908)
|
| Sections |
12,
6-A,
85
|