MIR AFZAL vs ALLIED BANK OF PAKISTAN Ltd. And Other

This matter concerns a petition for leave to appeal against an order of the Peshawar High Court, which had dismissed the petitioner's appeal due to non-compliance with a procedural direction. The High Court had ordered the petitioner to furnish a bank guarantee equivalent to the decretal amount as a condition for proceeding with the appeal, pursuant to the Banking Companies (Recovery of Loans) Ordinance, 1979. The petitioner failed to comply with this order and instead requested permission to provide personal security, which was refused. Consequently, the High Court dismissed the appeal for failure to satisfy the statutory condition. The Supreme Court of Pakistan examined the impugned order and held that the High Court's decision was entirely in accordance with the law. The Supreme Court affirmed that the High Court acted correctly in dismissing the appeal when the mandatory condition imposed under the relevant banking legislation was not met, thereby upholding the principle that statutory conditions for filing or proceeding with an appeal must be strictly adhered to by the appellant.