Law:

Section:

(a) War Risks Insurance Ordinance (XXXII of 1971)--- ----S. 2---Qanun-e-Shahadat (10 of 1984), Arts. 76 & 77---Production of secondary evidence---Notice to produce secondary evidence ---Exception--­Court's discretion to dispense with notice and permit production of secondary evidence---Where plaintiffs' plea was that documents were in possession of Authorities in a foreign country not subject to the process of the Court and no evidence was produced on behalf of defendants in rebuttal of such plea, Court had discretion to dispense with requirement of notice and permit production of secondary evidence by a party. (b) Contract Act (IX of 1872)--- ----S. 151---Limitation Act (IX of 1908), Art.31---Plaintiff entrusting goods to defendant's vessel for delivering the same at specific destination---Defendant being Bailee was liable to take care of plaintiffs' goods---Plaintiffs' suit against Bailee being barred by Art. 31, Limitation Act, 1908, Court declined to go into the liability of such Bailee. (c) War Risks Insurance Ordinance (XXXII of 1971)--- ----S. 2---Loss of goods in transit during war---Goods having been insured and defendant/Insurance company having accepted premium and issuing insurance policies, evidence whereof was not rebutted by such defendant, value of goods claimed by plaintiff had to be accepted. (d) War Risks Insurance Ordinance (XXXII of 1971)--- ----S. 2---Sinking of ship alongwith cargo due to action of enemy ---Proof--­Carrier/defendant had admitted that vessel had been seized and captured by enemy in war---Plaintiffs' evidence that vessel was sunk alongwith cargo being unrebutted had to be accepted---Defendant/Insurance Company was thus, liable for the value of goods of plaintiffs. (e) War Risks Insurance Ordinance (XXXII of 1971)--- ----S. 2---Contract Act (IX of 1872), 5.182---Agent acting on behalf on his principal---Liability---Policy under War Risks Insurance Ordinance was issued by defendant Insurance company as agent of defendant-Corporation and defendant-Government---Such defendants were thus jointly liable to pay claim of plaintiff on account of policy whereby its goods were insured against War Risks---Suit against carrier being…

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