NEW INDIA ASSURANCE CO LTD Vs. SHANTI STORES

JUDGEMENT

(1.) This revision petition is directed against the order and judgment dated 19-09-2003 passed by learned A.D.M. (Judicial), Aizawal, in Misc. Case No. 1 of 2002 arising out of R.F.A. No. 1 of 2002 of his Court.

(2.) The respondent, M/s Shanti Stores, brought a suit, money suit No. 14 of 1996, claiming a sum of Rs. 3,22,922/- as additional amount due from the shopkeeper's insurance policy. The shop of the respondent was gutted by fire during communal disturbance on 27-09-1994.

(3.) The claim was contested by the present petitioner/insurer pleading, inter alia, full and final settlement satisfaction of the claim of insurance policy on receipt of Rs. 2,45,658A by the plaintiff/respondent. But the trial court overruling the objections decreed the suit. Being aggrieved the petitioner presented a memorandum of appeal, registered as R.F.A. No. 1 of 2002, along with petition for condonation of delay of 75 days in presenting the appeal. The petition for condonation of delay was registered as Misc. Case No. 1 of 2002 before the learned A.D.M. (Judicial), Aizawal. The petition for delay being dismissed this revision .petition has been filed on several grounds as given in the revision petition.