Law: Insurance Ordinance, 2000

Section: 122,123

Law: Civil Procedure Code (V of 1908)

Section: 1

(a) Insurance Ordinance (XXXIX of 2000)--- ----Ss. 122 123---Insurance Tribunal---Powers and procedure---Scope---For all intents and purposes, the Tribunal has powers of a Civil Court under C.P.C.---Trial before Insurance Tribunal is conducted in the same manner in which a suit before Civil Court proceeds---Tribunal has powers to enforce attendance of any person, examine him on oath, receive evidence on affidavits and issue permission for examination of witnesses or documents---All procedural as well as substantive provisions contained in C.P.C. and Qanun-e-Shahadat, 1984, are applicable for trials before Insurance Tribunal. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R. 1---Pleadings---Scope---Pleadings cannot be equated with evidence---No party to lis can be allowed to lead evidence beyond pleadings nor can it be read in evidence---Parties are required to lead evidence in consonance with their pleadings and no evidence can be led or looked into in support of a plea, which has not been taken in pleadings---Party is required to plead facts necessary to seek relief claimed and to prove it through evidence of unimpeachable character. Saddaruddin (since deceased) through LRs. v. Sultan Khan (since deceased) through LRs. and others 2021 SCMR 642; Muhammad Rafique and another v. Syed Warand Ali Shah and others 2021 SCMR 1068 and Mst. Khanai and 4 others v. Ghulam Rasool and 9 others 2022 CLC 433 rel. (c) Evidence--- ----Marked document---Validity---Document placed as a marked document is worthless and inadmissible in evidence---Such document cannot be even read in evidence. State Life Insurance Corporation v. Javaid Iqbal 2011 SCMR 1013; Federation of Pakistan through Secretary Ministry of Defence and another v. Jaffar Khan and others PLD 2010 SC 604 and Azhar Abbas and others v. Haji Tahir Abbas and another 2021 CLC 1351 rel. (d) Interpretation of document--- ----Construction of instrument---Principle---Question of construction of an instrument or document is a question of law---It is duty of Court to interpret a document in its proper legal perspective---While interpreting a document intention of parties must essentially be gathered from language adopted in…

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