Case Details

Citation(s)
2010 SLG 1088 2010 SLD 1088 2010 PLJ 168
Lahore High Court
W.P. No. 280 of 2009, decided & hearing on 28.10.2009.
ASAD MUNIR, JUSTICE
Raja Israr Ahmad Abbasi, Advocate for Petitioner. Ch. Riaz Ahmad, Advocate for
Respondents No. 1 and 2. Mr. Maqsood Hassan, Advocate for
Respondents No. 3 to 5.

MST. PERVEEN AKHTAR

VS

MUHAMMAD ADNAN AND OTHERS

Law:

Section:

Insurance Act, 1938-- ----Ss. 38 & 39--Insurance policy is a more trustee of the amount-Bound to distribute among legal heirs--Nominee in an insurance policy is a mere trustee who is bound to distribute the insurance monies among the legal heirs. Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Civil revision--Being the nominee in insurance policies--Question of distribution of insurance money--Entitle of the nominee to benevolent fund under Federal Employees Benevolent Fund and Group Insurance Act, 1964s were legal heirs of the deceased while respondents were the children of the deceased out of his previous wife who had been divorced before his death--Suit for declaration against co-respondents who were responsible for issuance of the life insurance policies being a nominee in the insurance policies, had received from them the insurance amount--Challenged through writ petition that petitioner being nominee in the Insurance Policies, was the sole beneficiary and could keep the insurance monies to exclusion of other heirs--Question of--Question of entitlement of a nominee under group insurance was not addressed as it was not part of the subject matter of the appeal--Question of distribution of insurance money among the legal heirs which include not just the petitioner as a nominee--Held: Petitioner had no right to deny the other heirs from receiving their shares as per their entitlement--Plea of the petitioner that insurance money received had been utilized for re-payment of debts of the deceased due in respect of remaining installments for plot which he had purchased, does not appear to be supported by record--Further held: Ground of suit not being properly framed either the civil judge has inherent powers to take notice of subsequent events and do justice to save the parties from unnecessary litigation--No interference is called for by High Court in its revisional jurisdiction--Revision was dismissed. THIS ORDER PASSED BY: ASAD MUNIR, JUSTICE---.--- This Civil Revision filed by Mat. Parveen Akhtar, calls in question the Judgment and decree dated 19.5.2009 passed by the learned Addl: District Judge, Jhelum, whereby the appeal filed by Respondents No. 1…
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