( 1 ) THIS plaintiff's appeal is preferred against the judgement and decree dated 31st January, 1972 passed by the learned District Judge, Dharwad, in Civil Appeal No. 290 of 1964 reversing the preliminary decree dated 29-9-1964 passed by the learned Civil Judge, Dharwad, in Special Suit No. 4 of 1962. The trial Court passed a preliminary decree for recovery of a sum of Rs. 18,591-59 p. together with interest and costs. The lower appellate Court has set aside the decree passed by the trial Court and dismissed the suit as brought by the plaintiff-Corporation.

( 2 ) THE appeal is referred to a Division Bench having regard to the importance of the question of law arising for consideration. The appellant - the Life Insurance Corporation of India ('corporation' for short) - is the plaintiff in the suit. Respondents are the defendants. Respondent-1 died during the pendency of the appeal. His legal representatives are brought on record as respondent-1 (a) to 1 (e ). The parties will hereinafter be referred to with reference to their array in the trial Court.

( 3 ) THE suit was brought by the Corporation as the successor-in-interest of the then United Karnataka Insurance Co