Mr. Justice M.A.A. Khan, President—This appeal is directed against the order dated 22.4.1997 whereby the complaint filed by the appellant has been dismissed with a direction that since the dispute involves complex and complicated questions of fact and law it should seek its remedy through appropriate Civil Court.

2. We heard the learned Counsels for the parties and have perused the material available on the record.

3. Undisputed facts of the case are that the appellant is running his business of readymade garments under the name and title of Somesh Readymade Garment, Bharatpur. Not only the goods but also the furniture and building premises of the appellant were insured by the respondent through three insurance policies the duration of which were from 21.1.1995 to 20.1.1996, 15.7.1995 to 14.7.1996 and 17.7.1995 to 16.7.1996 for an amount of Rs. 1,50,000/-, Rs. 1,00,000/- and Rs. 60,000/- respectively.

4. A fire took place on 4.8.1995 causing loss and damage not only to the goods but also the premises and furniture kept therein. When a claim was advanced by the appellant with the Insurance Company it appointed a Surveyor but instead of the claim advanced by the appellant the resp