| Case ID |
2c836e0b-ddf1-4a3d-95b6-8966d75b6c13 |
| Body |
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| Case Number |
R.F.A. No. 263 of 2001 |
| Decision Date |
Mar 02, 2005 |
| Hearing Date |
Mar 02, 2005 |
| Decision |
The appeal was dismissed as the Lahore High Court found no merit in the objections raised by the appellant regarding territorial jurisdiction and the enforceability of the insurance policy. The court held that the Civil Court at Sialkot had the proper jurisdiction as the agreement was executed there and no clause in the insurance policy limited jurisdiction to Lahore. The court emphasized that the appellant failed to establish any consequent failure of justice by the exercise of jurisdiction at Sialkot. The decision of the trial court to award damages was upheld, confirming that the appellant acknowledged liability prior to the suit's filing. |
| Summary |
In the case of R.F.A. No. 263 of 2001, the Lahore High Court addressed critical issues surrounding territorial jurisdiction and insurance claims under the Civil Procedure Code, Contract Act, and Cooperative Societies Act. The appeal was initiated by Cooperative Insurance against Long View Traders regarding an insurance policy covering damages due to a fire incident. The court ruled that the Civil Court in Sialkot had jurisdiction as per Section 20 of the Civil Procedure Code, given that the agreement was executed there. The court underscored that objections to jurisdiction must demonstrate a failure of justice, which was not established by the appellant. This case highlights the importance of understanding the jurisdictional implications of insurance agreements and the necessity of adhering to procedural requirements in legal disputes. The ruling reinforces the principle that parties must ensure clarity in jurisdictional clauses to avoid disputes. Overall, the case serves as a significant precedent for insurance claims and jurisdictional matters in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Cooperative Insurance,
Long View Traders
|
| Judges |
TANVIR BASHIR ANSARI,
MUHAMMAD SAYEED AKHTAR
|
| Lawyers |
Muhammad Hanif Niazi,
Amjad Pervez Malik
|
| Petitioners |
Messrs COOPERATIVE INSURANCE
|
| Respondents |
Messrs LONG VIEW TRADERS
|
| Citations |
2005 SLD 1852,
2005 PLD 335
|
| Other Citations |
State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem (1987 SCMR 393),
Lahore Cantt. Cooperative Housing Society Limited v. Messrs Builders and Developers (Pvt.) Ltd. (PLD 2002 SC 660),
Lahore Cantonment Cooperative Housing Society Limited through Secretary v. Messrs Builders and Developers (Pvt.) Ltd. (PLD 1999 Lahore 305),
Muhammad Azim v. Pakistan Employees Co-operative Housing Society Ltd., Karachi and 4 others (PLD 1985 Karachi 481),
Mrs. Naila Masood and 2 others v. Secretary Food and Co-operative, Government of Sindh and others (1998 CLC 1532),
Renown Biscuit Co. Bombay v. Kamalanathan (AIR 1980 Madras 28)
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Contract Act (IX of 1872),
Cooperative Societies Act (VII of 1925)
|
| Sections |
20,
21,
28,
70,
54
|