(1.) IN order to decide the points which have been referred to the Full Bench the facts may be shortly stated.
(2.) ATMA Ram respondent was carrying on the business of a General Merchant in a shop bearing no. 10 situate in Anrkali Bazar Lahore under the name and style of Messrs. Sita Ram Atma ram. He had effected insurance of the goods lying in his shop with the appellant Company against all risks including riots and looting, the amount of insurance at the material time being rs. 30,000/ -. Atma Ram claimed the aforesaid amount but the Company having denied its liability he filed a suit in February, 1949 for its recovery on the allegations that the goods lying in his shop at Lahore had been looted on 7-9-1947 and that the Company was liable to indemnify him for the loss. Apart from the defences the Company pleaded that condition No. 11 of he policies issued by the Company had not been complied with and that under condition No. 19 the company was not liable as the suit had been filed after the expiry of one year from the date of the loss and the claim was not the subject of a pending suit or arbitration. Issue No. 4 out of the issues framed by the trial Court was in the following terms:
(3.) THE Company preferred an appeal to this Court which came up for hearing before a Division bench consisting of Bishan Narain and S. D. Capoor JJ. The arguments before the Bench were confined to the following points: