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ABDUL RAHIM PATEL versus HABIB BANK LIMITED THROUGH BRANCH MANAGER


Sections 9 and 10 of the Limitation Act (IX of 1908), Section 5 bankruptcy proceedings and decision to terminate leave to defend the case, on the day the banking court demonstrated good service to the defendants, in the defendants One of them suddenly appeared when he was standing with the statement that he had appeared before the court outside the court with any work, but he applied for leave with a request under section 5 of the limitation, 1908. Having chosen to wait a further 27 days before entering, the banking court refused to delay and dismissed the defendant's law. The request for leave to delay the justification was not for any valid reason The defendant had to explain the delay of each day and he also had to show that the delay was due to his being out of control. Is. In the application under section 5 of the Limitation Act, 1908, the defendant, after appearing to the bank, did not give any reason for delay of 27 days in filing the application. The order passed through the Banking Court Revision found nothing illegal in the order which was removed by the High Court.

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