- (1.) THIS is an appeal against an order passed by Mr. Jagdish Narain Kapur, Senior Subordinate judge, Simla, holding that the Court at Simla had no jurisdiction to entertain the application because (1) no part of the cause of action arose in Pakistan, and (2) the applicant before him was not residing in Simla. A policy against loss or damage due to fire, lightning, theft, etc. was taken by the applicant Ram Narain Mehra with General Assurance Corporation which has its Branch office in India in Calcutta. In the schedule given in this insurance policy it is stated: "agency; Mr. C. S. Deva, Branch Calcutta. The Insured: Mr. Ram Narain Mehra, 7a, Birdwood Road, Lahore. " There are given the details of the property insured and at the bottom it is signed by the Acting branch Manager.
(2.) ON the 1st of June, 1947, the applicant booked a box from Lahore (now in Pakistan) for delivery at Dehra Dun which was delivered there on the 17th August 1947. It appears the applicant discovered certain loss of belongings which were in the box.
(3.) ON the 17th February, 1950, he filed an application in the Court at Simla in which he alleged that a contract of insurance had been entered into between him and the respondent corporation, that there was an arbitration clause and that the applicant booked a steel trunk which was received at Dehra Dun and It was found that some jewellery was missing. Clause 6 of the application is as follows: "6. That the cause of action arose at Lahore in Pakistan and at Simla. The applicant was originally a resident of Lahore who now permanently resides at Simla. In accordance with the provisions of Displaced Persons (Institution of Suits) Ordinance No. XVIII of 1948 he is entitled to institute this suit at Simla. This Court has therefore jurisdiction to entertain hear and dispose of the present case. ";