KHALIL ADALKHAH Vs. GREAT AMERICAN INSURANCE COMPANY

JUDGEMENT

(1.) THE plaintiff is an Iranian subject and he is the proprietor of Adal Tea company, Calcutta and he used to export tea to various countries in Middle east. In this suit he has claimed rs. 46,200 - as the value of 246 cases of tea insured under five marine insurance policies issued by the defendant which is an American Company.

(2.) B. N. Banerji, J. in the year 1966 heard the suit for several days and oral testimony of the plaintiff and his witness were concluded that while the defendant's witness Dharani Mohan Banerjee was under cross-examination His Lordship could not hear the suit any further. In May, 1968; I was requested by the learned counsel for both sides to take up the suit from the stage where it was left by Banerji, j and before me cross-examination of Dharani Mohan Banerjee was concluded and thereafter the learned counsel for both sides took time to prepare themselves for argument.

(3.) ON the 6th June, 1968 the plaintiff applied for amendment o. f the plaint and the learned counsel mr. B. K. Ghosh appearing for the plaintiff expressly told me that if allow such amendment no further evidence would be adduced by the plaintiff. I have already recorded this fact in my judgment allowing the said application and also gave liberty to the defendant to adduce any additional evidence arising out of such amendment of the plaint but no further evidence was adduced.