Judgment

Santosh Hegde, J.-C.A. No. 3781/ 82 :

In this appeal challenge is to the judgment of the Calcutta High Court made in C.A. No. 256/78 dated 7th July, 1982 wherein the appellate Bench of the High Court reversed the judgment of the High Court deliv­ered in the trial side in Suit No. 356/73 and decreed the suit of the plaintiff.

2. For convenience in this appeal, we will refer to the parties by their original status in the trial Court.

3. Plaintiffs in the suit are the assigns of the insurance policy issued by a General Insurance Company which is now merged with defend­ant viz. Life Insurance Corporation of India.

4. On 7th April, 1955, one Smt. Bhag­wan­dei Rajgarhia submitted a proposal and declaration for insurance of her life with one Ruby General Insurance Company for a sum of Rs. 1,27,000/- which proposal was accepted by the Insurance Company. On 5.5.1955, the Insurance Co. in consideration of the premium paid and to be paid, granted to the assured a policy bearing No. 97403 commencing from 1.3.1955 and agreeing to pay to her assigns, executors, administrators, nominees or other representatives-in-interest, the said sum on her death. The said assured, Smt. Bhagwandei Rajgarhi