AMJAD ALI and anothers vs Messrs M.C.B. and another
This matter involves petitions for leave to appeal against a judgment of the Lahore High Court, which had dismissed appeals against the dismissal of applications to set aside an ex parte decree passed by a Banking Court. The petitioners, who were guarantors for a loan, sought to challenge the decree but filed their petitions before the Supreme Court with a delay of 425 days. The petitioners argued that the delay should be condoned because they believed the decretal amount had been satisfied through the adjustment of cash security deposited in separate criminal proceedings against the loanee and a bank officer. The Supreme Court rejected this explanation, noting that the impugned judgment was passed well before the alleged adjustment occurred, and that the adjustment itself was subsequently set aside by the High Court. Consequently, the Court held that the petitioners failed to provide a sufficient or valid ground for condonation of delay. The applications for condonation were dismissed, and the main petitions were consequently dismissed as time-barred.
- Can a belief that a decretal amount has been satisfied through separate criminal proceedings constitute sufficient ground for condonation of delay in filing an appeal?
- Does a delay of 425 days in filing a petition for leave to appeal warrant dismissal when no valid explanation is provided?
- Are petitions for leave to appeal maintainable when they are significantly barred by time without a justifiable cause for the delay?
' MUNIR A. SHEIKH, J.---By this common judgment we propose to decide both the petitions involving common question of law and facts.
2. The applications filed by the petitioners for setting aside ex parte decree of Banking Court which is against them as guarantors, were dismissed on 7-4-2000 against which they filed appeals before the Lahore High Court which have been dismissed through the impugned judgment, dated 19-10-2000, against which leave is sought.
3. Both these petitions are barred by time by 425 days. The petitioners have filed applications for condonation of delay in which it has been stated that criminal proceedings in respect of the documents allegedly executed by the petitioners as guarantors against respondent No,2 loanee and a Bank Officer were pending in which the said respondent and the Bank Officer co-accused person were granted bail against cash security amounting to Rs,2,50,000 each which they deposited, which was adjusted by the said Court against the loan on 30-7-2001, therefore, the petitioners felt satisfied that the decretal amount had already, been paid to the Bank-decree- holders, therefore, there was no need to file appeal.
4. We are afraid, if this ground can be held to be sufficient ground, for the judgment impugned in this case was passed on 19-10-2000 whereas the said adjustment was made on 30-7-2001 which too was set aside by the High Court therefore, there is no explanation as to why the petitioners against whom ex parte decree had been passed and their applications for setting aside the same had been dismissed, should not have approached this Court within period of limitation.
5. The applications for condonation of delay are hereby dismissed, as a consequence of which the main petitions are also dismissed as barred by time and .
Cited by 3 cases
- Muhammad Arshad Nadeem vs State PLJ 2021 SC (Cr.C.) 345
- Muhammad Arshad Nadeem vs The State 2021 SCP 346, 2021 PSC (Crl.) 964
- MUHAMMAD ARSHAD NADEEM Versus State 2021 PLD 927