K.Ahmad, J.

1. This appeal arises out of an action for the recovery of a sum due under an insurance policy bearing No. 178335 effected with the defendant-respondents -- The New India Assurance Co., Ltd., hereinafter referred to as "the Company" -- on the life of one Kaluram Choudhury, who was the husband of the present plaintiff appellant.

2. It is not denied that the policy was an endowment policy and the risk covered thereunder amounted to a sum of Rs. 10,000/-. Further it is also admitted that the proposal form (exhibit A) for that policy had been signed on 20-4-1947, and that it was thereafter finally accepted on 14-5-1947, though on condition that the first premium thereunder should be paid within 30 days from the date of that acceptance. It is well established that such a conditional acceptance is in law a counter offer to be completed thereafter into contract by the fulfilment of that condition as required thereunder.

In the present case unfortunately the first premium was not paid within 30 days from the date of the aforesaid acceptance, namely. 14-5-1947, with the result that the counter offer, as stated, stood automatically withdrawn. Therefore, in order to secure