JUDGMENT

SABYASACHI MUKHARJI, J.:— This appeal is by a certificate granted on 18th September, 1970 by the High Court of Andhra Pradesh under Article 133 (1) (a) of the Constitution as it stood at the relevant time against the judgment and decree of the High Court dated 16th April, 1970. By the said judgment and decree, the High Court of Andhra Pradesh had reversed the judgment of the learned Subordinate Judge, Masulipatam dated 19th November, 1964 dismissing the suit of the plaintiffs-respondents against the appellant. Late Shri Raja Vasireddi Chandra Dhara Prasad was the husband of respondent No. 1 and father of the respondents Nos. 2 to 5 herein. The respondents filed a suit in the Subordinate Court of Sub-judge being Original Suit No. 2 of 1964 on 10th January, 1964. The short facts leading to this case are :

One late Raja Basireddi Chandra Dhara Prasad (hereinafter referred to as deceased) died intestate on 12th January, 1961. He had filled a proposal for insurance for Rs. 50,000/- on 27th December, 1960. There was medical examination by the doctor of the life of the deceased on 27th December, 1960. The deceased had issued two cheques for Rs. 300/- and Rs. 220/- respectively in