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TAHIR OMER INDUSTRIES (PVT.) LTD. versus M.T. PACIFIC JADE


Section 3 (2) (g) (h) Civil Procedure Code (v. 1908), A. VIII, R11 Transfer of Property Act (IV 1882), Section 135A Claims for Damage Partial Satisfaction Effect for Recovery of Money One of the $ 108,465 plaintiffs in the High Court's Admiralty jurisdiction filed a case under OVII, R 11, CPC on the ground that the plaintiffs had recovered the entire amount under the insurance policy and This loss has been fully compensated. Plaintiffs cannot make any claim through the process of law because they have no right or no reason to proceed. The plaintiffs contended that the loss of US $ 216,941 was due to the insurance company only paid Rs 6,620,332 maximum liability under the terms of the policy and that the plaintiffs were still defendants through the defendants. A substantial amount of money was owed and only a portion of the plaintiffs' claims in their insurance policy were satisfied and the plaintiff's remaining claim was still pending. Trial denied under O VII, R 11, CPC

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