| Citation(s) |
|---|
| 1992 SLG 727 1992 SLD 727 1992 CLC 793 |
Lahore High Court
Civil Revision No. 1726 of 1989; decided on 18th December, 1991
MUHAMMAD RYAS, J
Ch. Maqsood Hussain for Petitioners. Nemo for
Respondents
Civil Revision No. 1726 of 1989; decided on 18th December, 1991
MUHAMMAD RYAS, J
Ch. Maqsood Hussain for Petitioners. Nemo for
Respondents
PAKISTAN GUARANTEE INSURANCE COMPANY Ltd and others
VS
Messrs HAMADIA COTTON WASTE COMPANY and another
Law:
Section:
Civil Procedure Code (V of 1908)--- ----Ss. 9 & 115---Suit for recovery of amount--Jurisdiction, question of--Defendants against whom suit was filed, had contended that preliminary objection raised by them before Trial Court to the effect that it had no jurisdiction to hear suit, was not adverted to by the Court---Defendants had further contended that objection raised by them before Trial Court was supported by case-law given in precedent cases referred by them, but Court below did not take into consideration those cases---Nobody on behalf of respondent/plaintiff had appeared during hearing of revision filed by defendants/petitioners against order of Trial Court to comment on cases referred to by petitioners/defendants---Case was remanded to decide afresh question of jurisdiction in light of case-law given in those cases. Musa- Ji Lukman Ji v. Durga Dass AIR (33) 1946 Lah. 57 and State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem 1987 SCMR 393 ref. JUDGMENT This civil revision has arisen out of a suit brought by respondent No.l, Messrs Hamadia Cotton Waste Company, Tata Factory, Factory Area, Faisalabad, against the petitioners, Pakistan Guarantee Insurance Company Limited, I.I. Chundrigar Road, Karachi and others, and respondent No.2, Messrs Habib Bank Limited, Dijkot Road Branch, Road, Faisalabad, for recovery of Rs.4,89,231.25. The petitioners raised a preliminary objection that the Civil Court before which the suit was filed had no jurisdiction to hear the suit. Petitioners' plea, however, did not find favour with the Civil Judge who was seized of the suit. Feeling…
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