| Citation(s) |
|---|
| 2021 SLG 4000 2021 SLD 4000 = 2021 CLD 1334 |
Miscellaneous Appeal No. 8 of 2016, decided on 9th February, 2021.
Before Irfan Saadat Khan and Muhammad Faisal Kamal Khan, JJ
S. Tanveer Ashraf for Appellant. Ms. Shumaila Saghir for
Respondent. Date of hearing: 9th November, 2020.
EFU GENERAL INSURANCE LTD.---Appellant
VERSUS
JAHANGIR MUGHUL---Respondent
Law: Insurance Ordinance, 2000
Section: 121, 118, 79, 75 & 124
(a) Insurance Ordinance (XXXIX of 2000)---
----S. 162---Civil Procedure Code (V of 1908), O. VII, R. 11--Qanun-e-Shahadat (10 of 1984), Arts. 92 & 129(e)---Previous sanction of Securities and Exchange Commission of Pakistan (SECP) for institution of proceedings under Insurance Ordinance, 2000---Sanction letter, exhibition in evidence of---Scope---Question before High Court was whether suit under Insurance Ordinance, 2000 was maintainable when requisite sanction letter under S. 162 of Insurance Ordinance, 2000 was not exhibited in evidence---Held, that authenticity of sanction letter was not disputed and it was admittedly an official document issued by a Competent Authority and therefore same bore presumption of genuineness in terms of Arts. 92 & 129(e) of Qanun-e-Shahadat, 1984---While such sanction letter should have been exhibited in evidence, but omission of non-exhibition could not be fatal to the case of a plaintiff, and thus on such basis, suit could not be rejected under O. VII, R. 11, C.P.C.
State Life Insurance Corporation of Pakistan and another v. Javaid Iqbal 2011 SCMR 1013 distinguished.