Mahinder Narain, J.

( 1 ) A suit under Order XXXVII of the Code of Civil Procedure has been brought by the petitioner, basing itself upon a report of an assessor regarding damages suffered to cargo of dry dates, which had been insured by the petitioner. Marine insurance claim having been lodged by the petitioner against the respondent company.

( 2 ) IT was asserted by the plaintiff in the suit and the petitioner before me, that the claim in the suit was a "liquidated demand". The petitioner seeks to take advantage of the amendments made to the Code of Civil Procedureby, which "liquidated demand" became subject-matter of summary suits for the first time.

( 3 ) THE industry of counsel had not been abic to produce a single precedent of courts in india, which explained what is "liquidated demand". However, reference has been made to Words and Phrases Permanent Edition, in which reference is made to Rifkin v. Safenovitz, 40 A. 2d 188. It is stated that "amount claimed to be due is a "liquidated demand" within statute authorizing summary judgments if it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of party to be charged".

( 4 ) THE party to be charged in the instant case is Oriental Insurance Company, which had issued Marine Insurance Policy. The insurable interest in tins case was a cargo of dry dates, which was being carried within Safina Al Sulemani, a country craft bearing registration No. BDI-407.

( 5 ) IT is the case of the plaintiff that the damage which was caused to the cargo of dry dates, was because of the fact that the said ship got "stranded" on account of cyclonic storms, had diverted from its route between Karachi and Bombay, to the port, of Naya Bandar Jamnagar,, and anchored at Bedi Bunder, and the cargo of dry dates removed therefrom.

( 6 ) AS a result of the claim, made by the petitioner, a surveyor was appointed by the Insurance Company, who gave a report of damage in terms of percentage, to the cargo of dry dates. It is the plaintiff s case that this damage in percentage is capable, by arithmetical calculation of being quantified into the amount of damage actually sustained to the cargo, vis-a-vis the amount for which they were insured, and, therefore, the damage in percentage is a "liquidated demand" within the meaning of Order XXXVII of the Code of Civil Procedure.

( 7 ) MR. V. P. Chaudhary, Advocate, who appears for the Insurance Company, to show that the surveyors were independent of the Insurance Company, has invited my attention to the provisions of section 64-UM of the Insurance Act. That section deal with licensing of surveyor and loss assessors by the Controller of Insurance. It also deals with the qualifications which such surveyors and assessors ought to have. Section 64-UM (2) requires that claims or losses which have occurred in India, and are required to be settled in India, which exceed Rs. 20,000. 00 , shall not be admitted for payment or settled by the insurer unless the insurer has obtained a report on the loss that has occurred, from a person who holds a licence issued under this section to act as a surveyor or loss assessor. The proviso to sub-section (2) enables the insurance company to settle or pay an amount different from the amount assessed by the surveyor or loss assessor.

( 8 ) THE insurance policy deals with stranded vessel, and claims arising therefrom. The relevant provision in the insurance policy reads as under:-

"5. Warranted free from Particular Average unless the vessel or craft be stranded, sunk or burnt, but notwithstanding this warranty the Underwriters are to pay the insured value of any package or packages which may be totally lost in landing, transhipment or discharge, also for any loss of or damage to the interest insured which may reasonably be attributed to fire, explosion, collision or contact of the vessel and/or craft and/or conveyance with any external substance (ice incl

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