Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----OXIV, R.1(4)(a)---Oanun-e-Shahadat (10 of 1984), Art. 2(4)---Issue of fact---Proof---Evidence, oral and documentary in support of an issue remaining unrebutted---Such issue would stand proved. (b) Limitation Act (IX of 1908)--- ----S. 19 & Art. 86---Suit for recovery of amount---Defendant acknowledging his liability to pay the amount claimed---Fresh point of limitation would run from such acknowledgement and suit filed within statutory period of three years from such acknowledgment would be within limitation. (c) Civil Procedure Code (V of 1908)--- ----0.11, R. 3---Joining of several claims in one suit---Validity---Filing o1 separate suit for every claim would have created confusion for the defendant besides creating botheration for plaintiffs---Plaintiffs were, thus, within their rights to join several claims in one suit, in terms of 0.11, R.3, Civil Procedure Code. (d) Contract Act (IX of 1872)--- ----S. 23---Applicability of S. 23, Contract Act, 1872---Provision of S. 23, Contract Act, 1872, would apply to agreements and not to acknowledgements. (e) Contract Act (IX of 1872)--- ----S. 25(3)---Limitation Act (IX. of 1908), Art. 57---Agreement to pay debt after expiry of period fixed by law---Such agreement though without consideration was not void---Any agreement with such a promise can be entered into even after expiry of the period fixed by law. JUDGMENT Plaintiffs M/s. Norwich Union Fire Insurance Society Limited, an insurance company has sued the defendants for recovery of Rs.153,804 with 15% extra amount as loss of profit from date of the suit till realization and costs etc. Admittedly the defendant which is a partnership firm, has been obtaining Insurance cover from the plaintiff Insurance Company. Plaintiff claimed that from 1983 till January 1988 it granted to the defendant Fire Insurance Cover as below:-- Month Insurance Policy No. Amount of Premium October 1983 P 3294/83 Rs.19,206 January 1984 P 3294/83 Rs.3,515 October 1984 P 3325/84 Rs.20,038 November 1985 P 3331/85 Rs.30,780 November 1985 P 3332/85 Rs.4,809 November 1986. P 3298/86 Rs.30,780 November 1986 P 3299/86 Rs.4,809 October 1987 P 3299/86…

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