JUDGMENT

D.P. Mohapatra, J.-These appeals, filed by the Life Insurance Corporation of India (hereinafter referred to as the Corporation ), are directed against the judgment of a Division Bench of the Bombay High Court in writ appeal No. 843/85 allowing the appeal on the ground that the appellant should have had an opportunity of leading evidence relevant to their contention that the insurance policy was obtained by misrepresentation, and therefore, avoidable at the instance of the Corporation, and remitting the writ petition to the writ court for fresh decision, after allowing the Corporation to lead evidence. The Division Bench did not accept the objection raised by the Corporation against maintainability of the writ petition on the ground that the case involves enforcement of contractual rights for adjudication of which a proceeding under Article 226 of the Constitution is not the proper forum. The contention on behalf of the Corporation was that the writ petition should be dismissed as not maintainable leaving it to the writ petitioner, respondent No. 1 herein to file a civil suit for enforcement of her claim.

2. The factual backdrop of the case relevant for the purpose of the