ARIF CHAUDHRY vs STATE LIFE INSURANCE CORPORATION O — 2022 CLC 577 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 577 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: ARIF CHAUDHRY vs STATE LIFE INSURANCE CORPORATION O

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ARIF CHAUDHRY VS STATE LIFE INSURANCE CORPORATION O.VI, R.2---Qanun-e-Shahadat (10 of 1984), Arts. 49, 74, 76, 117 & 118---Appellant obtained loan of Rs.3,00,000/- during pendency of State Life Insurance Policy on 12-09-2000---Appellant allegedly paid Rs.2,00,000/- in June, 2003 and Rs.1,50,000/- to Area Manager of the Respondent Company---Appellant further deposited five consequent instalments---On 19-01-2006 appellant was informed that his policy had been auto surrendered on 30-3-2003 and amount of Rs.5,42,100/- with markup was outstanding against him---Insurance Tribunal dismissed the suit of appellant---High Court allowed appeal and remanded case to District Court---District Court dismissed the suit---Validity---Onus to prove the factum of payment lay on the appellant/plaintiff---Plaintiff did not disclose in his plaint the exact date, time, place and names of the witnesses in whose presence alleged payments were made---Facts deposed by witnesses were not written in plaint hence, could not be considered/discussed and ought to be ignored while deciding the lis---Photocopy of receipt was submitted without explaining the original---Admittedly, Area Manager was not authorised to receive any amount on behalf of State Life Insurance Corporation---Respondent produced the statement of appellant's account which showed Rs.10,48,424/- due against appellant and presumption of truth was attached to the said document--¬-Appeal was dismissed accordingly.

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