2014 PLP 1155 (CLD)

SHEZADA MAZHAR, J.

Through the present constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the order dated 2-2-2013 passed by the learned Additional Sessions Judge-I/Insurance Tribunal, Lahore whereby the application filed by the petitioner for summoning the witnesses was partially allowed without hearing the petitioner.

2. The facts necessary for the disposal of present writ petition are that a claim was filed by respondent No.1 before the Insurance Tribunal under Insurance Ordinance, 2000 which was contested by the petitioner and on the basis of pleadings of the parties, issues were framed. Respondent No.1 recorded his evidence and thereafter the case was fixed for evidence of the petitioner when the petitioner filed an application for summoning of Surveyor Ishrat Malik and Abdul Waheed ASI. The said application was partially allowed and lshrat Malik Surveyor was summoned as R.W., whereas to the extent of Abdul Waheed ASI, the application was rejected vide order dated 2-2-2013 on the ground that A.W.3 Shabbir Ahmad SI has already deposed and have presented all the relevant record. The said order has been challenged through the present writ petition on the ground that the same was passed in absence of the petitioner counsel as on the day 2-2-2013, the Bar was observing strike, therefore, none appeared on behalf of the petitioner.

3. The learned counsel for the petitioner submits that application was for summoning of the Surveyor Ishrart Malik as C.W., whereas the Court allowed the application to summon the said witness as R.W.; that there is huge difference between witness appearing as R.W. and C.W. Seeks setting aside of impugned order dated 2-2-2013.

4. On the other hand, the learned counsel for respondent No.1 raised the objection on the maintainability of the writ petition. Submits that the order dated 2-2-2013 is an interim order and under section 124 of the Insurance Ordinance right of appeal is not available against an interim order. In this regard, the learned counsel for respondent No.1 relied upon Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another (1996 SCMR 1165) as well as order passed by this court in Writ Petition No.4501 of 2009 dated 19-3-2000.

5. The learned counsel for the petitioner was asked to advance arguments on the point of maintainability and in response, he relied upon State Life Insurance Corporation of Pakistan through Chairman and another v. Additional District Judge-I and another (2010 CLD 845) to submit that the writ petition is maintainable.

6. I have heard the arguments and perused the record.

7. The perusal of the judgment relied upon by the learned counsel for the petitioner i.e. State Life Insurance Corporation of Pakistan through Chairman and another v. Additional District Judge-I and another (2010 CLD 845) reveals that nothing regarding maintainability of writ petition has been mentioned in the said judgment, whereas the judgment relied upon by the learned counsel for respondent No.1 clearly states that "statute excluding a right of appeal from the interim order could not be bypassed by bringing under attack such interim orders in Constitutional jurisdiction

Party affected had to wait till it matured into a final order and then to attack it in the proper exclusive forum created for the purpose of examining such orders".

8. In view of the judgment of Hon'ble Supreme Court of Pakistan, the instant constitutional petition is not maintainable, therefore, the same is dismissed. KMZ/U-10/L Petition dismissed.