Partial satisfaction

One of the defendants filed an application under O.VII, R.11, C.P.C. on the ground that plaintiffs had recovered entire amount under the insurance policy and that losses had been satisfied fully; the plaintiffs could not claim by operation of law any amount as no subsisting right or cause of action to proceed further remained there

Plaintiffs asserted that due to loss of US $ 216,941 only an amount of Rs.6,620,332 towards compensation was paid by the insurance company as its maximum liability under the terms of the policy and that still substantial amount was due and payable by the defendants to the plaintiffs

Validity

Only a part of the plaintiffs' claim had been satisfied in terms of the insurance policy and remaining claim of the plaintiffs was yet to be adjudged through trial

Application under O.VII, R.11, C.P.C. for rejection of plaint was dismissed by High Court in circumstances.