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SAEED ULLAH PARACHA versus HABIB BANK LIMITED


Sections 19 and 7 of the Limitation Act (IX of 1908) Article 181 Civil Procedure Code (v. 1908) Section 48 of the jurisdictional suit for the automatic conversion of orders in a petition petition implementing the decree of the banking court The decision was made, after which the plaintiff's bank filed an application for execution, dismissing the defendant's / decision-makers' request for a halt, on the basis that it was banned. The defendants '/ decision-makers' position was that this decree was made on 10 2001 10 2001, and thereby the figures were payable 10 2 20012; therefore, Article 181 of the Limitation Act, 1908 and CPC Under Section 48; the first execution request can be filed only within a period of three years and the second within a period of six years, and in the present case, the application for execution was made on 16 10 10 2008. Financial Institutions (Recovery of Finance) under Section 7 of the Ordinance 2001, which was withheld by time restriction. The provisions of the Civil Procedure Code and Limitation Act, 1908 shall apply only in cases where procedures and supplies were not provided in the ordinance. The Financial Institutions (Restoration of Financial Assistance) Ordinance, 2001 provides for a special procedure for the implementation of orders. The car was provided and under section 19 of the ordinance, upon the declaration of judgment and order, the case will automatically be converted into a request for execution, without having to file a separate application for execution / application, section 19 (1) of the ordinance. ), Such special procedure as may be provided in Section 181 of the Limitation Act. 190 19088 and section 48 of the CPC application filed by the plaintiff bank

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