S. B SINHA, J.

( 1 ) LEAVE granted.

( 2 ) APPLICATION of Section 45 of the Insurance Act, 1938 is in question in this appeal which arises out of a judgment and order dated 17th December, 2004 passed by a Division Bench of the High Court of Kerala at Ernakulam in A. F. A. No. 18 of 2000 setting aside the judgment and order of a learned single Judge dated 23rd September, 2000 passed in Appeal Suit No. 633 of 1993 confirming the judgment and decree passed by the Subordinate Judge of Kozhikode in OS No. 240 of 1990 dated 27th February, 1993.

( 3 ) PLAINTIFFS in the suit are the appellants herein. They filed the said suit inter alia for recovery of the amount of insurance on the death of one chackochan (hereinafter referred to as the insured ). The insured took an insurance policy on 21st February, 1987. He died on 6th July, 1987. On his death, the appellants herein claimed the insured amount. On the premise that the insured suppressed material facts, the policy had been repudiated by the respondent on 10th February, 1989. Non-disclosure and mis-statement in the proposal form to the various questions to which answers were given by the insured is said to be the reason for the aforemen