PIAREY LAL Vs. ORIENTAL INS. CO. LTD.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 100 C.P.C. against the judgment of the Court of learned District Judge, Shimla, dated 1.10.1999, allowing the appeal filed by the respondent partly as against the appellant.

(2.) BRIEFLY stated, the facts of the case are that the appellant here -in -after referred to as 'the plaintiff' filed a suit for recovery of Rupees One Lac as against the respondent here -in -after referred to as 'the defendant'. The suit was filed in fact for declaration and mandatory injunction and not for the recovery of the amount directing the defendant to pay a sum of Rupees One Lac, the insured amount consisting of Rs. 50,000/ - for the house and Rs. 50,000/ - for the goods insured, for which premium was paid of Rs. 380/ -. The plaintiff alleged that the he had taken policy of Rupees One Lac, paid the premium, but the house was destroyed in fire including the goods and accordingly, he filed a suit for declaration and mandatory injunction as against the defendant directing him to pay the amount in question. On the pleadings of the parties, the following issues were settled by the learned trial Court:

(3.) WHETHER in the month of November, 1993 in the intervening nights of 13/14 November, 1993 fire broke out in the house of the plaintiff and the fire gutted every thing of the house, as alleged? OPD