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MESSRS AWAN CONSTRUCTION COMPANY, GOVERNMENT CONTRACTORS (AS THEN WERE) THROUGH MAHMOOD-UL-ALVI versus UNITED BANK LIMITED THROUGH MANAGER


Section 21 Limitation Act (IX of 1908), Sections 5, 29 and Article 156 Appeal Delay Deleted The provisions of the General and Special Law Limitation Act of 1908, the applicable appeal were barred and the appellants ceased. The delay under section 5 of the Act, 1908, was contemptuous. Under the Common Law, the appeal was set for 90 days under Article 156, Limitation Act, 1908, for filing an appeal before the High Court: the present case is under a particular law and section 21 (1) of the banking companies. Running (Recovery) Loans, Progress, Credits and Finance) Act 1997, the High Court against the judgment and decree passed by the special law of the Banking Court through various period restriction for filing the first appeal in the High Court. There was a 30-day deadline to file the first appeal. Contrary to common law, section 5 of the Limitation Act, 1908, was neither applicable nor was it filed by the petitioner under section 5 of the Limitation Act, 1908. Delays were disqualified for disrespect and were not manageable, thus dismissed, the appeal was timely withheld and no further action was taken on the filing beyond the limits set by the relevant law. Accordingly, the appeal was dismissed.

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