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Civil Petition for Special Leave to Appeal No. 29/R of 1975, decided on 13th. August 1975.

(On appeal from the order of the High Court of Sind & Baluchistan, Karachi, dated 17‑3‑1975 in Suit No. 248 of 1974).

Limitation Act (IX of 1908)‑

‑‑ S. 19 & Art. 158 and Civil Procedure Code (V of 1908), O. XXXVII ‑ Promissory note, suit based on Limitation Acknowledgment in writing‑Sum covered by promisory note becomes payable within 3 years of date of last acknowledgment.‑ [Fine Textile Mills Ltd. v, Haji Umar P L D 1963 S C 163, held not correctly decided.‑[Limitation].

Muhammad Arif, Advocate Supreme Court instructed by A. Aziz Dastgir, Advocate‑ on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing : 13th August 1975.

MUHAMMAD YAQUB ALI, J

.‑‑The High Court has granted to the petitioner leave to defend the suit filed against him by the respondent‑Bank on the condition of furnishing Bank Guarantee for the suit amount.

The petitioner seeks leave to appeal on the contention that as the suit was filed beyond the period of 3 years prescribed in Article 158 of the Limita tion Act, it could not be tried summarily under Order XXXVII, C.P.C. The plea has been rejected by the High Court and rightly so as the provisions of section 19 of the Act are to be read alongwith Article 158. There are two acknowledgments in writing by the petitioner. The effect of these acknow ledgments is that the sum covered by the promissory note became payable within 3 years of the date of Vie last of the two acknowledgments. In that view the requirements of Article 158 are fully satisfied for trial of the suit under Order XXXVII of the Civil Procedure Code. The learned counsel, cited Fine Textiles Mills, Karachi v. Haji Umar (P L D 1963 S C 163) which, in our view, does not lay the law correctly. The petition is dismissed.

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