2007 PLP 490 (CLD)

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 trial Court on 25-11--2006 inasmuch as the plaint was ordered to be returned for presentation before the learned District Judge, Lahore, as an Insurance Tribunal.

2. Learned counsel for the appellant contends that the notification having been issued on 20-6-2006 and the suit having been filed at a point of time prior thereto, the same could not take retrospective effect.

3. I have already noted above the proceedings that had taken place before the learned trial Court with reference to the copies of the record appended with this FAO. I have already stated above the claim made in the suit filed by the appellant.

4. Section 121 of the said Ordinance makes it mandatory for the Federal Government to constitute a Tribunal or Tribunals in consultation with the Security and Exchange Commission of Pakistan and to specify its territorial limitations. Section 121 (2) provides for the composition and constitution of the Tribunal. Section 122 lays down the powers and section 123 provides for the procedure of the Tribunal. Section 124 provides the remedy of an appeal against the decisions of the Tribunal in this Court. It is section 122(3) of the said Ordinance which provides that no Court other than a Tribunal shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of a Tribunal extends under the said Ordinance. Admittedly the learned District Judge, Lahore has been constituted as an Insurance Tribunal by the Federal Government vide notification dated 20-6-2006 and conveyed to the learned District Judge Lahore by the Registrar of this Court on 7-7-2006. The suit was obviously filed under section 9, C.P.C. This section itself lays down that all suits of Civil nature shall be tried by the Courts established under the said law excepting the suits regarding which their jurisdiction is either expressly or impliedly barred. The said section 122(3) of Insurance Ordinance, 2000 expressly barred the jurisdiction of Courts including Civil Court other than a Tribunal in the matter of claims under Insurance Policy. Thus bar was already operative when the suit was filed in the year 2005. The learned Civil Judge on the earlier occasion had correctly refused to stay his hands in the matter for the reason that the Tribunal had not been constituted by that time. The Tribunal's now having been constituted, the jurisdiction in the matter vested in them under the said provisions of Insurance Ordinance, 2000.

5. The learned counsel then contends that the pleadings are complete and some evidence has also been recorded. If this is so then while presenting the plaint a request may be made to the learned District Judge/Tribunal to requisition the record of the suit and if he deems proper, after hearing the opposite party to continue from the stage where the suit was. With this observation the F.A.O. in hand is dismissed in limine. H.B.T./M-11/L??????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.