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2022 CLD 1310

State Life Insurance Corporation of Pakistan through Chairman and

Citation2022 CLD 1310
CourtLahore High Court
Case No.R.F.A. No. 232 of 2019
Date2022-03-01
Judge(s)Sohail Nasir, Shakil Ahmad
ResultAppeal allowed

ORDER

This appeal under section 124 of the Insurance Ordinance, 2000 (Ordinance) is directed against an order dated 09.10.2019 passed by the learned Additional District Judge, Khanewal on the basis of which an application filed by the appellants for setting aside the ex-parte proceedings and order dated 12.10.2018 was dismissed.

2. The only question of law raised by learned counsel for appellants is that learned Additional District Judge, Khanewal (Mr. Ghulam Mustafa Baloch) on 09.10.2019 was not a notified Tribunal in terms of section 121 of the Ordinance. In pursuant to direction of this Court, learned District and Sessions Judge, Khanewal has submitted a report, according to which Mr. Ghulam Mujtaba Baloch Additional District Judge, Khanwal was not notified as Insurance Tribunal on 09.10.200. Admittedly in this situation, the impugned order cannot be defended by learned counsel for respondent.

3. Resultantly, this appeal is allowed. Impugned order is set-aside with direction that the application filed by the appellants shall be deemed to be pending and shall be decided by the learned Insurance Tribunal duly notified in accordance with law.

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