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HABIB BANK LIMITED versus AIZAD HASSAN


O. VIII, R11 Limitation Act (IX of 1908), Rejection of Demand for Suit for Debt Recovery Section 5 Appeal for recovery of debt filed by the bank under the Banking Tribunals Ordinance 1984, rejection of the banking tribunal Was later rejected. Prosecutor, Plaintiff Bank filed an application for restitution of the case. Meanwhile, in the Banking Companies (Debt, Progress, Credit and Recovery of Finance) Act 1997, the suit was transferred from the Banking Tribunal to the High Court Plaintiff, with an application under Section 5 of the Limitation Act. Has already filed an application for restitution of the case. , 1908, which was rejected and no appeal was filed against the order, which obtained the final point was a mixed question of law and facts, which was decided by the parties at trial. In cases, it can be done on the basis of evidence. Was compiled, including the question of limitation, in the circumstances that cannot be summarily dismissed without recording the parties' evidence, the application filed under O VII, R 11, was denied for the plaintiff's dismissal,

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