1989 PLP 1025 (MLD)

PLD 1972 Lah. 845 and PLD 1973 Kar. 237 ref. Ch. Ghulam Mujtaba for Petitioners. Riaz Hussain Shamsi for Respondents. Date of hearing: 24th October, 1988. M/s. Sibaac Industries formerly known as Attock Tdxtile Mills Ltd. filed a civil suit for recovery of Rs.2,37,61,616.20 for loss of ensured goods against Premier Insurance Company of Pakistan, Ltd., Lahore. This suit has been filed before the Senior Civil Judge, Lahore. M/s. Sibaac Industries Ltd., previously known as Attock Textile Mills Ltd. filed a suit for recovery of Rs.2,00,00,000 for damages. The defendants in this suit are the surveyors who had made a report on the claim of Attock Textile Mills Ltd., on the basis of the insurance policy against the insurance company. This suit was filed before the learned Senior Civil Judge, Rawalpindi. It is sought to be transferred by the defendants surveyors on the ground that the plaintiffs had earlier filed a suit at Lahore and also that the surveyors having submitted their report cannot be sued at the option of a party wherever it likes.

2. Learned counsel for the respondents has vehemently contended that the cause of action in the first suit filed by the respondents against the insurance company at Lahore had no nexus with the suit filed by them at Rawalpindi as in the former suit they are claiming insurance from the insurers and in the send suit they have sought damages against the surveyors for having defamed the plaintiffs in the surveyors' report as well as otherwise. He has referred to PLD 1972 Lah. 845 and PLD 1973 Kar. 237.

3. I have heard learned counsel for the parties. In respect of chid of the insurance money by the plaintiffs‑respondents, the petitioners were appointed as surveyors and they had submitted a survey report, on the basis whereof their claim was rejected by the insurers. They filed a civil suit for recovery of the insurance money against the insurers. This suit was filed at Lahore; the other suit by them for having been defamed in the survey reports otherwise has been filed at Rawalpindi. No need to make comments whether a professional surveyor can be sued like this but it is obvious that the Court where the suit between the cured and the insurance company is pending, the same Court should bear the grievances made in respect of the report made by the surveyors. In these circumstances the suit filed by the respondents pending before' the learned Senior Civil Judge, Rawalpindi is transferred to the Court of the learned Senior Civil Judge, Lahore before whom the defendants' suit against the insurers is pending. No order as to costs. M.Y.H./G‑213/L Suit transferred.