89/2023 I. A M/s. Farooqui Fisheries & Others (Appellant) V/S Faysal Bank Limited & Another (Respondent)

89/2023 I. A M/s. Farooqui Fisheries & Others (Appellant) V/S Faysal Bank Limited & Another (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Ms. Sana Akram Minhas Order Date: 26-JUN-24

whether the appeal must be filed against the judgment alone without waiting for the decree to be drawn? --OR-- Whether Section-22(1) of the FIO, 2001 provides an independent right of appeal against the judgment in a suit or such right is against a decree in a suit filed under the FIO, 2001? **In view of the above analysis, the judgment rendered in the case of First Pakistan Security (Supra), surfaced as a blend of both per incuriam and sub-silentio; the most appropriate interpretation of Section 22 of 2001 Ordinance is that in the civil jurisdiction an appeal can be filed after passing of a judgment but the process is completed only after filing of decree within limitation and "only" (emphasis applied) on the basis of a judgment a Civil Appeal cannot be maintained under Ordinance 2001. If an appeal is preferred against the judgment only for any urgent cause (as at time it might take some time for Court to draw decree), it must be followed by a decree to be placed and time consumed to obtain decree be excluded as limitation would run from the date of drawing decree.