2007 PLP 1614 (CLD)
Sardar MUHAMMAD IQBAL — Appellant Versus ITTEFAQ GENERAL INSURANCE COMPANY through Chief Executive/Managing Director and others — Respondent
| Citation | 2007 PLP 1614 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Sardar MUHAMMAD IQBAL — Appellant Versus ITTEFAQ GENERAL INSURANCE COMPANY through Chief Executive/Managing Director and others — Respondent |
Q1: What are the key laws and sections cited in 2007 PLP 1614 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1614 (CLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1614 (CLD) (Sardar MUHAMMAD IQBAL — Appellant Versus ITTEFAQ GENERAL INSURANCE COMPANY through Chief Executive/Managing Director and others — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Ss.39 & 42
Civil Procedure Code (V of 1908), O.VII, R.11
Companies Ordinance (XLVII of 1984), S. 290
Suit for declaration and cancellation of documents
Suit for declaration, cancellation of resolution of defendant Insurance Company as well as the power of attorney and sale-deed executed in pursuance thereof
Plaint in the suit was rejected under O.VII, R.11, Cr.P.C. on the ground that suit was barred by S.290 of Companies Ordinance, 1984
Defendants had conceded that the basis for rejection of plaint as disclosed in the impugned order, were not tenable in law, but plaint was liable to be rejected on other grounds and impugned order and decree were not sustainable
Held, it ,would be appropriate that defendants in the suit, were to take ail objections to the maintainability of the suit: together which could always be adjudicated upon by the Trial Court after hearing the parties and thereby ensuring that none of the parties was taken by surprise
Appeal was accepted, impugned ,order and the decree were set aside and case was remanded to the Trial Court for decision afresh.
Judgment & Decree
SH. AZMAT SAEED, J.
Learned counsel for the parties state that a short point is involved and the main appeal be heard today rather than the C.M. application. Consequently, with the consent of the parties the main appeal is being heard.
2. Brief facts leading to the filing of this appeal are that the appellant filed a suit for declaration and cancellation of a resolution of the respondent No.1 as well as the power of attorney and sale-deed executed in pursuance thereof. The plaint in the said suit was rejected under Order VII Rule 11 of the C.P.C. vide the impugned order, dated 29-5-2006 on the ground that the suit was barred by section 290 of the Companies Ordinance, 1984.
3. Learned counsel for the respondents have frankly conceded that, the basis for rejection of the plaint as disclosed in the impugned order may not be tenable in law. However, the plaint nevertheless was liable to be rejected on other grounds. In this view of the matter, the impugned order and the decree .that followed, dated 29-3-2006 are not sustainable and in the circumstances it would, be appropriate that the respondents, who were defendants in the suit; may take all the objections to the maintainability of the suit which can always be adjudicated upon by the trial Court after hearing the parties and thereby ensuring that none of the parties is taken by surprise. Consequently, this ,appeal is accepted, the impugned order and the decree are set aside and the case is remanded to the trial Court for the decision afresh. The respondents may file an application under Order VII Rule 11, C.P.C. setting out the grounds for rejection. of the plaint. The trial Court shall decide the said application, if filed, within .four months of the filing of the said application. Appeal is accepted and case remanded in the above terms. H.B.T./M-234/L????????????????????????????????????????????????????????????????????????????????? Case remanded.