PUNJAB NATIONAL BANK LTD Vs. AMERICAN INSURANCE CO LTD

JUDGEMENT

(1.) IN this civil miscellaneous appeal the office has reported that it has been filed on insufficient court fee of Rs. 2/- only while ad valorem court fee on Rs. 40000/- should have been paid. The appellant is the Punjab National Bank Ltd. which filed an application against the American INsurance Go. Ltd. , (hereinafter to be called the INsurance Company) and Messrs Ishardas Kaluram and others under sec. 18 of the Displaced Persons (Debts Adjustment) Act,1951 in the court of the Civil Judge, Alwar with the allegations that certain goods belonging to respondents other than INsurance Company were insured with it for Rs. 40000/ -. These goods were lying at Lahore and were pledged with the appellant for more than Rs. 40000/- They were noticed in August, 1947. The appellant, therefore, claimed the sum of Rs. 40000/- from the INsurance Company. To this application the owners of the pledged insured goods were parties and they are respondents Nos. 2 to 7 in this appeal.

(2.) THE application was filed in the court of the Civil Judge, Alwar, as the owners of goods resided and carried on business at Alwar.