NATIONAL FIRE AND GENERAL INSURANCE CO. LTD. Vs. MOOL SINGH GURDEV SINGH
HIGH COURT OF PUNJAB AND HARYANA
NATIONAL FIRE AND GENERAL INSURANCE CO. LTD.
Mool Singh Gurdev Singh
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Harnam Singh, J. -
(1.) THIS order disposes of Civil Revision Nos. 123 of 1949 and 575 of 1949.
(2.) TO appreciate the points arising in these petitions the facts must be set out in some detail. On 20 -8 -1948. Messrs Mool Singh Gurdev Singh instituted the suit out of which these proceedings have arisen for recovery of Rs. 50,000 from the National Fire and General Insurance Company Limited, Calcutta, on the basis of Policies Nos. 12/202853, 12/204894 and 12/204033, dated 29 -6 -1946, 29 -1 -1947 and 22 -4 -1947 respectively. The Plaintiff's claim proceeds upon the allegation that the Plaintiff had insured with the Defendant against fire and all other risks including riots and civil commotion risks, their stock of Gur and dry fruit and other non hazardous goods stored and lying in the godown, forming part of the building belonging to Bala Ishar Dass Jaggi situate at Ganj Mandi, Rawalpindi, for an aggregate amount of Rs. 50,000 under the policies mentioned above. It is then alleged in the plaint that during the disturbances, civil commotion and riots, which followed the partition of the country about the middle of September 1947 while the said policies were in full force, the insured stocks were damage 1, looted or removed by the rioters.
(3.) THE Defendant Company put in their written statement on 3 -11 -1948. Now, inasmuch as the Defendant Company in their written statement raised pleas to which the Plaintiff's Counsel wanted to reply by filing a regular replication the case was adjourned to 19 -1 -1948. On the last mentioned date the Plaintiff firm filed their replication.;
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