MERCANTILE MUTUAL INSURANCE CO. LTD. versus IQBAL

Section 100 Appeal Argument: Respondents / signatories have suppressed the fact of signing and signing the facts at the time of the insurance contract, so there is evidence of contractual strikes and defamation agreements which the Medical Office Exact and X-ray is assured. The plates presented to the court are not in any way connected with the assassinated deceased Burden to assure him of TB, lying exclusively to the appellants, evidence by the trial court. , And the defendant's claim is established, it does not require any intervention, evidence]

1981 C L C 1329

[Karachi]

Before Sajjad Ali Shah, J

MESSRS MERCANTILE MUTUAL INSURANCE Co. OF

PAKISTAN LTD.‑Appellant

versus

MASTER IQBAL AND ANOTHER---‑Respondents

First Appeal No. 88 of 1968, decided on 13th April, 1980.

Civil Procedure Code (V of 1908)‑------

‑‑-S. 100‑Appeal ‑Contention : respondents having suppressed fact of suffering from T. B. at time of 'signing declaration and contract of insurance being based on concealment of fact hence amounted to fraud and vitiated contract of insurance‑Evidence showing Medical Officer having found assured all‑right and X‑ray plates produced in Court not in any manner connected with assured deceased‑Burden to prove assured suffering from T. B. exclusively lying on appellants, appraisal of evidence by trial Court, and finding respondent's claim established, held, needs no interference, in circum stances.‑‑[Burden of proof].

Rashid Akhtar Qureshi for Appellant.

Ghulam Hussain Abbasi for Respondents.

Date of hearing : 19th March, 1980.

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