BK ABDUL MAJID Vs. UNION CO-OPERATIVE INSURANCE SOCIETY LTD

JUDGEMENT

(1.) IN these two suits the following preliminary issues were originally raised which await disposal: -

(2.) THESE cases originally came up for hearing before Honble Mr. Justice S. M. F. Ali, as His Lordship then was, and thereafter before Honble Mr. Justice J. N. Bhat when these were transferred to the files of this Bench. Part of the evidence has been recorded earlier when in suit No. 5 an application was made by the defendant for incorporating in his written statement another preliminary objection to the suit that by virtue of the jurisdiction clause No. 15 in the Policy No. 502, the suit in respect of this policy was barred in Srinagar and the same could not be tried here. That application was allowed and the defendant filed an amended written statement. Consequent upon it an additional preliminary issue in Suit No. 5 of 1965 was raised which is as follows: - "Has this court territorial jurisdiction to hear and try the suit in view of the jurisdiction Clause in the Policy No. 502? 0. P. P." The plaintiff examined J. B. Daniels and Mr. Bashir Ahmed Senior Assistant Jammu and Kashmir State Financial Corporation on this issue.

(3.) PREVIOUSLY the Court recorded the statement of Bk. Abdul Majid plaintiff on other preliminary issues.