Law: Insurance Ordinance, 2000

Section: 121

Insurance Ordinance (XXXIX of 2000)---Ss. 121, 122, 123 & 124---Civil Procedure Code (V of 1908), S.9 & O. VII. R.11---Suit for recovery of death claim on basis of Insurance Policy---Jurisdiction of civil court---Suit under S.9, C.P.C. challenging decisions of the Zonal, Regional and Central Claim Committee for recovery of death claim--Objection was taken by Insurance Corporation to the jurisdiction of the civil court with reference to S.122 of Insurance Ordinance, 2000---Validity---Section 122(3) of Insurance Ordinance, 2000 had provided that no court other than a Tribunal duly constituted, would have or exercise any jurisdiction with respect to any matter to which jurisdiction of a Tribunal extended under Insurance Ordinance, 2000--District Judge had been constituted as an Insurance Tribunal by Federal Government vide notification---Bar was already operative when suit was filed---Tribunal having been constituted, jurisdiction in the matter vested in it under provisions of Insurance Ordinance, 2000--While presenting plaint a request could be made to Tribunal to requisition the record of suit. ORDER MAULVI ANWARUL HAQ, J.---On 2-9-2005 the appellant filed a suit against the respondents challenging the decisions of the Zonal, Regional and Central Claim Committees respectively and for recovery of the death claim on the basis of an Insurance Policy. The respondents were served and a written statement was filed. An objection was taken to the jurisdiction of the Civil Court with reference to section 122 of the Insurance Ordinance 2000. Issues were framed. Issue No.4 pertains to the said objection of the respondents. It was taken up first and decided on 15-12-2005 against the respondents. The reason was that no Tribunal had been appointed by the Federal Government till then. Thereafter an application under Order VII, rule 11, C.P.C. was filed by the respondents bringing it to the notice of the learned Civil Judge that a notification had been issued by the Federal Government appointing the learned District Judge, Lahore as the Insurance Tribunal and further stated that the suit cannot proceed in the civil Court. This application was allowed by the learned…

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