Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.1---Plaint---Plaintiff not appearing as a witness in support of averments in plaint---Effect---Plaint could not be treated as a substantive evidence if the plaintiff' did not appear as witness at the trial.--­[Witness]. PLD 1967 Kar. 204; 1979 SCMR 295; 1981 CLC 1722 and PLD 1970 Kar. 462 ref. PLD 1977 SC 109 and PLD 1972 SC 25 ref. (b) Insurance Act (IV of 1938)--- ----S.45---Right of insurer to question policy of life insurance for avoiding contract of insurance---Deliberate concealment of information in proposal form was a good ground for avoiding contract of Insurance. The rights of insurer to question the policy of life insurance effected as against the suppressed facts by the policy holder in the proposal for insurance was protected under section 45 of the Insurance Act, 1938. The insurer could call in question the proposal of insurance within two years from the effective date of the commencement of the policy of life insurance on the ground that the policy holder suppressed facts, which it was material to disclose, when the proposal was made and accepted and the policy became effective as agreed upon by the parties. The insurer had the legal rights to repudiate all liabilities under the policy of insurance if it was found by the insurer that the policy holder had suppressed the material facts at the time of proposal of insurance. The policy of insurance was a contract of utmost good faith between the parties. Deliberate concealment of information in proposal form was a ground for avoiding contract of insurance. 1.979 SCMR 295; PLD 1967 Kar, 204 and PLp 1970 Kar, 462 ref. (c) Insurance Act (IV of 1938)--- ----S. 45---Civil Procedure Code (V of 1908), S. 115---Repudiation of policy oflife insurance within stipulated period---Effect---Defendant having successfully repudiated policy of life insurance by confidence inspiring evidence within two years from its date of commencement, s and decree of Courts below to the contrary .were set aside and plaintiff's suit was dismissed in circumstances. JUDGMENT Mamoor Khan son of Haji Akbar Khan, Proprietor Mamoor and Company Mewa Mandi Inside Bajori Gate, Peshawar…

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