Law:

Section:

Law Reforms Ordinance (XII of 1972)--- --- S. 3---High Court appeal---Single Judge of High Court in a suit framed additional issue which was very material issue in suit and was likely to affect the very result, of the suit, but gave no finding on such additional issue and decided the case---Determination of point involved in additional issue being crucial for decision in snit and involving question of fact, case was remanded to Single Judge to give finding on that issue after hearing the parties. JUDGMENT ABDUL RAHIM KAZI, J.-The present appellant being aggrieved with the judgment and decree passed by the learned Single Judge on 7-2-1983 in Suit Nn.77 of 1966 decreeing the suit of the respondent No.l for Rs.15,00,000 with interest at 6% per annum from the date of filing of the suit till realisation has preferred this appeal. Briefly the facts are that respondent No.l had fled the said suit against the appellant for recovery of a sum of Rs.40,00,000 with interest. The suit was originally filed by M/s. United Oriental Steamship Company and its partners who were pleaded as plaintiffs Nos.2 to 5. The case of the plaintiff is that they were registered owners of the vessel s.s. "Ilyas Bakhsh" which was insured with the present appellant against war risk w.e.f. 2-9-1965 in the said amount. Respondent No.l had informed the Insurance Company on 16-9-1965 that according to information received by them the said vessel was seized and impounded by the Government of India at Bombay and thus a notice of abandonment of the ship was also served on the present appellant with a claim for Rs.40,o0,000 and on account of failure of appellant, the said suit was filed. The appellant filed their written statement on 1-9-1966 denying the claim of the plaintiff. They also denied the fact that plaintiff No.l were the registered partnership firm. The present appellant further contended in their written statement that no contract of insurance was concluded between the parties and the abandonment of vessel was lase challenged as ineffective and invalid. According to the present appellant it had at all times shown the value of the vessel to be Rs.15,00,000 for the purpose of actual total loss…

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