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1992 CLC 793

PAKISTAN GUARANTEE INSURANCE COMPANY Ltd. and others vs Messrs

Citation1992 CLC 793
CourtLahore High Court
Judge(s)Muhammad llyas
ResultCase remanded

' This civil revision has arisen out of a suit brought by respondent No,1, 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 aggrieved by his order in this regard the petitioners have come up in revision to this Court.

2. It was submitted by learned counsel for petitioners that the contention raised by him was supported by the cases reported as Musa Ji Lukman Ji v. Durga Dass AIR (33) 1946 Lah. 57 and State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem 1987 SCM R 393 but they were not taken into consideration by the learned Civil Judge while deciding the issue of jurisdiction.

Since nobody has turned up on behalf of the respondents to comment on the said cases it seems proper that the matter may be remanded to the learned Civil Judge with the direction that he will re-decide the question of jurisdiction in the light of the aforementioned case-law and other law cited, or the material produced, before him. Learned counsel for the petitioners has no objection in this regard. 1, therefore, accept the civil revision, set aside the A order under challenge and direct the learned Civil Judge to re-decide the question of jurisdiction as aforesaid. There shall be no order as t costs.

3. Learned counsel for the petitioners shall appear before him on 9th January, 1992. Since nobody has turned up on behalf of the respondents the learned Civil Judge shall summon the respondents before proceeding further with the matter.

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