SYED MUZAFFER HUSSAIN SHAH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) BY way of this CMP, the petitioner/plaintiff seeks amendment of his plaint from prayer for decree for declaration to a decree for recovery of the suit amount.

(2.) THE facts of the case are that on account of destruction of a tractor No. JKC -5861 in an accident, financed by the Defendant no.2 the plaintiff/petitioner owner brought a suit against the defendants for declaration that the defendant No. 1 Insurance Co. pay cost of tractor amounting to Rs.100000/ - one lac) together with interest and further declaration that the defendant no. 2 who has preferred the claim before the defendant no. 1 is not entitled to recover the amount claimed from the plaintiff/petitioner.

(3.) THE defendants filed written statement and preliminary issues no. 1 to 4 have been framed on 7 -8 -1986.