Law:

Section:

Civil Procedure Code (V of 1908)-----Ss. 9 & 20--Contract Act (IX of 1872), S. 28--Jurisdiction of civil Courts--Two or more Courts having jurisdiction to try a suit--Agreement between parties, that any dispute arising between them shall be tried only by one of such Courts, held, could not be considered contrary to public policy as it would neither contravene provisions laid down in S.28, Contract Act, 1872, nor violate in any manner provisions of S.9 or S.20 of C.P.C.--Appeal allowed and order of Administrative Civil Judge as well as and order of High Court whereby objection of defendant to the jurisdiction of the Court other than the agreed one was overruled, was set aside. Musa Ji Lukman Ji v . Durga Dass A I R 1946 Lah. 57 and M.A. Chowdhury v. Messrs Mitsui O.S.K. Ltd. and others P L D 1970 SC 373 ref. JUDGMENT JAVID IQBAL, J.--This appeal is directed against, the judgment of the learned Single Judge of the Lahore High Court, Lahore passed on 6th March, 1978 in Civil Revision No. 582 of 1977. The facts are that Rana Muhammad Saleem respondent instituted a suit in the Court of Additional Administrative Civil Judge Lyallpur (Faisalabad) against the State Life Insurance Corporation of Pakistan (present appellant) for the recovery of Rs_40,000 plus interest thereon insured under a Special Survival Policy jointly in the names of the respondent and his wife which matured in the event of death of either of the insured. The wife of the respondent had died on 3rd October, 1972 but the appellant had refused to pay the insurance amount to the survivor respondent. In the plaint it was inter alia contended that the wife of the respondent had died at Lyallpur where she had been subjected to medical examination by the appellant before the issuance of the disputed insurance policy, that it was at Lyallpur that the premiums had been paid by the respondent to the appellant, and that the appellant had its sub-offices at Lyallpur and, therefore, the civil Courts at Lyallpur had the jurisdiction to try the suit where the cause of action arose. The appellant objected to the territorial jurisdiction of the civil Courts at Lyallpur in view of the agreement between the parties…

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