Judgment - Chagla, C.J.

1. A rather interesting question relating to fire insurance arises on this appeal. The plaintiff insured colours and chemicals which were stored in a godown in Bombay with the defendant company. The goods were destroyed by fire on the evening of 16-6-1951, and the plaintiff filed the suit claiming the amount for which the goods were insured. The learned Judge of the City Civil Court, Mr. R. B. Mehta, in a careful and well considered Judgment dealt with the various contentions raised by the parties and passed a decree in favour of the plaintiff. The insurance company has now come in appeal.

2. The facts briefly are that the plaintiff came to Bombay on 4-6-1951, and he was in Bombay till June 9, and his evidence is that he told Natvarlal, who is his son-in-law, to insure the goods which were stored in the godown in Bombay. Natvarlals evidence is that he asked one Bakshi to get the insurance effected as he had to leave Bombay for Ahmedabad on June 12, and he left a note with this Bakshi to the effect that the goods should be insured promptly. Bakshi is another son-in-law of the plaintiff and he does insurance business.

Bakshi got this note of Natvarlal on June 14,

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