| Citation(s) |
|---|
| 2017 SLG 880 2017 SLD 880 |
Supreme Court of Pakistan
CIVIL PETITION Nos. 3195-L TO 3198-L, 3268-L, 3269-L, 3352-L TO 3358-L, 3570 TO 3576, 3603, 3604, 3631, 3669 TO 3673 OF 2016 & 69-L OF 2017. Date of Hearing: 28.03.2017
MR., JUSTICE MIAN SAQIB NISAR, HCJ
For the Petitioner: For the
Respondents:
CIVIL PETITION Nos. 3195-L TO 3198-L, 3268-L, 3269-L, 3352-L TO 3358-L, 3570 TO 3576, 3603, 3604, 3631, 3669 TO 3673 OF 2016 & 69-L OF 2017. Date of Hearing: 28.03.2017
MR., JUSTICE MIAN SAQIB NISAR, HCJ
For the Petitioner: For the
Respondents:
State Life Insurance Corporation of Pakistan through its Chairman etc. ...er
VS
Mst. Sardar Begum (In CP 3195-L///2016) Mst. Irshad Begum (In CP 3196-L///2016) Mst. Abida Parveen (In CP 3197-L///2016) Mst. Tasneem Akhtar (In CP 3198-L///2016) Mst. N
Law:
Section:
THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE:---.--- The dispute in all these connected cases is with regard to determining the correct place of suing under the provisions of the repealed Insurance Act, 1938 as there is no dispute between the parties that suits can still be filed before the forum provided in the repealed Act for any relief in respect of contract of insurance executed when the repealed Act was in operation. This has also been held by a Full Bench of the Lahore High Court in the case of Mst. Robina Bibi Vs. State Life Insurance (2013 CLD 477). 2. For the settlement of their respective claims arising from the contracts of insurance executed when the repealed Insurance Act, 1938 was in operation, the respondents filed suits against the petitioners in the Courts of various District Judges of Punjab. In all such suits, the petitioners filed applications under Order VII Rule 10 of the Code of Civil Procedure seeking return of the plaints back to the respondents to be presented in the Civil Courts of appropriate jurisdiction. The basis for moving such applications was that as Section 46 of the Insurance Act, 1938 provides that the holder of insurance policy can sue the insurer in any Court of competent jurisdiction, such Court, by virtue of Section 15 of the Code of Civil Procedure, has to be the Court of the lowest grade competent to try the suit, hence, the Civil Court and not the District Court has jurisdiction. 3. Accepting the plea of the petitioner as to the place of suing, the District Judges of various districts, by applying the provisions of Section 15 of the Code of Civil Procedure, returned the plaints to the respondents to be presented before the Civil Courts of competent jurisdiction. Feeling aggrieved, the respondents challenged such decision before the Lahore High Court in appeals i.e. FAO Nos. 213 to 216, 218, 239 to 258, 289 to 292 of 2015, which were clubbed together for decision. The Lahore High Court vide single consolidated judgment dated 14.10.2016, set aside the orders of the District Judges after holding that as Section 2 (6) of the Insurance Act, 1938 defines 'Court' to be 'the principle Civil Court of Original jurisdiction…
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