MUSLIM COMMERCIAL BANK LIMITED versus MESSRS MALIK & COMPANY
Banking Companies (Recovery of Loans) Ordinance 1979 Section 6 Limitation Act (1X of 1908), Article 132, Explanation (C) Registration Act (XVI of 1908), Section 17 suits for collection of deposits based on memoirs The Bank, in support of its claim, demanded two 12 Demand promissory notices dated 1982 and 98 1983, and the Special Judge of the work relating to the submission of the memorandum must have registered such memorandum under the Registration Act 1908. And dismissed the case on the ground. It had to be filed within 3 years from the date of the last acknowledgment of responsibility. Such memorandum merely listed the foregoing amounts of the titles and made no mortgages on its own, thus, was not necessarily registered. The last confession was made by the defendants on the 9th 1983 1983. The lawsuit was legislated by the defendant in favor of the bank in pursuit of legal proceedings, so the limit for filing such a case was 12. 8 8 Not the 3 years since 1983 but the years filed on 24 8 1993, it was only within the good time that the High Court set aside the impugned judgment / decree and dismissed the bank suit with costs.
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