CHANDMULL JAIN Vs. GENERAL ASSURANCE SOCIETY LTD

JUDGEMENT

(1.) This suit is based on a claim against an insurance company for loss of the plaintiff's property caused by erosion of the river Ganges at Dhulian. The defence put forward is that very soon after its acceptance the risk was cancelled under condition No. 10 of the defendant's standard policy of insurance for loss by fire and various other causes.

(2.) The plaintiffs describe themselves as the kartas of a joint Hindu family governed by the Mitakshara School of Hindu law carrying on business under the name and style of Chandmull Lalchand at Anupnagar Bazar, Dhulian in the District of Murshidabad. The cause of action as laid in the plaint is as follows;

(3.) By the written statement filed herein the insurer admitted the making of the proposals and the acceptance thereof but such proposals were alleged to be subject to the terms and conditions of the cover notes issued and to the usual terms and conditions of the defendant's fire policies, condition No. 10 whereof ran as follows: