S.B.Sinha, J. - (1.) This Appeal is directed against a judgment and decree dated 28th November, 1996 passed by a learned single Judge of this Court in Suit No.97 of 1988 whereby and whereunder the Suit filed by the respondent herein claiming a decree for a sum of Rs. 10,39,726.26 paise was decreed with interest.
(2.) The Plaintiff-Respondent in the plaint, inter alia, stated that as regard the stock of tea owned by it, an insurance policy bearing No. 1461/3108735 dated 21st December, 1985 was taken by the plaintiff. The subject matter of such insurance was 1,64,000 Kgs. of tea, the value whereof was assessed at Rs. 36,80,000/-.
(3.) According to the Plaintiff, the cost of production of tea is Rs. 10.23 per Kg. although the market price thereof was Rs. 22.43 per Kg. Having regard to the loss sustained by it, it confined its claim only to the extent of Rs. 10,39,726.26 although the goods were insured or a sum of Rs. 3,61,900.00/-.;