RAJINDER KUMAR KHANNA Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) A suit under Order XXXVII of the Code of Civil Procedure has been brought by the petitioner, basing itself upon a report of an assessor regarding damages suffered to cargo of dry dates, which had been insured by the petitioner. Marine insurance claim having been lodged by the petitioner against the respondent company.

(2.) It was asserted by the plaintiff in the suit and the petitioner before me, that the claim in the suit was a "liquidated demand". The petitioner seeks to take advantage of the amendments made to the Code of Civil Procedureby, which "liquidated demand" became subject-matter of summary suits for the first time.

(3.) The industry of counsel had not been abic to produce a single precedent of courts in india, which explained what is "liquidated demand". However, reference has been made to Words & Phrases Permanent Edition, in which reference is made to Rifkin v. Safenovitz, 40 A. 2d 188. It is stated that "amount claimed to be due is a "liquidated demand" within statute authorizing summary judgments if it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of party to be charged".