https://www.taxtmi.com/caselaws?id=465334 A defendant's objection under s.69(2) Partnership Act, that the "persons suing" were not shown as partners in the register, was held not entertainable for the first time in appeal because it was not pleaded, required fact-finding, and the defendant had not invoked O.30 r.2 CPC to seek particulars; the suit was therefore maintainable. On indemnity under fire policies, the insured failed to prove the full pleaded stock/value, but absence of proof of the pleaded cause of fire was immaterial absent a pleaded/proved case of fraud or exclusion; the insurer's licensed surveyor's report was treated as reliable evidence, so a decree was granted only for the survey-assessed loss. Interest at 9% p.a. was awarded from the repudiation date until payment. en-us Wed, 15 Dec 2004 00:00:00 +0530 Wed, 17 Dec 2025 15:43:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465334 A defendant's objection under s.69(2) Partnership Act, that the "persons suing" were not shown as partners in the register, was held not entertainable for the first time in appeal because it was not pleaded, required fact-finding, and the defendant had not invoked O.30 r.2 CPC to seek particulars; the suit was therefore maintainable. On indemnity under fire policies, the insured failed to prove the full pleaded stock/value, but absence of proof of the pleaded cause of fire was immaterial absent a pleaded/proved case of fraud or exclusion; the insurer's licensed surveyor's report was treated as reliable evidence, so a decree was granted only for the survey-assessed loss. Interest at 9% p.a. was awarded from the repudiation date until payment. Case-Laws Indian Laws Wed, 15 Dec 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465334