Case Details

Citation(s)
2014 SLG 2197 2014 SLD 2197 2014 CLD 1543
Lahore High Court
Review Application No. 37 of 2013 in Writ Petition No.6506 of 2013, decision dated: 30-05-2013.
SHUJAAT ALI KHAN, J
Ibrar Ahmad for Applicant. Mian Muhammad Sharif for
Respondent.

STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Attorney and 3 others--Applicants

VS

Mst. KAUSAR HUSSAIN

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 114--- Review--- Insurance dispute--- Applicant Insurance Corporation sought review of order passed in the constitutional petition filed by the respondent, whereby direction was given to the applicant Insurance Corporation to look into the grievance/insurance claim of the respondent---Contention of the applicant was inter alias, that no claim had been lodged by the respondent, therefore, the applicant was not in a position to adjudge the status of the insurance policies in question---Validity---Perusal of record revealed that respondent had approached the Insurance Tribunal for redressal of her grievance, but her petition was returned and she was directed to present it before the appropriate forum---Respondent instead of approaching concerned court, filed constitutional petition instead, wherein she changed her address, which fact alone was sufficient to establish that the constitutional petition was filed by the respondent by concealing facts---Respondent, it seemed by way of obtaining a decision on her insurance claim wanted to create a new cause of action, just to frustrate the applicant Insurance Corporation---Order sought to be reviewed was passed without hearing the applicant, and the same deserved to be recalled---High Court recalled impugned order and allowed review application, in circumstances. Mst. Robina Bibi v. State Life Insurance and others 2013 CLD 477 ref. (b) Administration of justice--- ----Right of hearing was a universally acknowledged principle and nobody could be deprived of it at any cost. ORDER SHUJAAT ALI KHAN, J.---By virtue of this application the applicant has sought review of order dated 18-3-2013 passed in Writ Petition No.6506 of 2013. 2. Brief facts, giving rise to the instant application, are that the respondent filed Writ Petition (No.6506 of 2013) against the applicant and others before this Court with the averments that neither State Life Insurance Corporation (applicant) is denying ownership rights of the respondent towards Insurance Policy Nos.503801860, 503832607 and 501114411 nor is deciding representation of the respondent. The said writ petition came up for hearing before…
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