( 1 ) THIS suit is based on a claim against an insurance company for loss of the plaintiff's property caused by erosion of the river Ganges at Dhulian. The defence put forward is that very soon after its acceptance the risk was cancelled under condition No. 10 of the defendant's standard policy of insurance for loss by fire and various other causes.

( 2 ) THE plaintiffs describe themselves as the kartas of a joint Hindu family governed by the Mitakshara School of Hindu law carrying on business under the name and style of Chandmull Lalchand at Anupnagar Bazar, Dhulian in the District of Murshidabad. The cause of action as laid in the plaint is as follows; (a) By two several proposals in writing both, dated 2-6-1950 the plaintiffs made proposals for insurance against loss or damage by fire, Cyclone, flood, change of course of river and/or erosion of river, land slides and subsidence to the extent of the sums of Rs. 51,000/- and 65,000/- on two several sets of houses and property belonging to the plaintiffs in Dhulian Municipality from 3-6-1950 to 3-6-1951. (b) The said proposals were accepted by the defendant. (c) The defendant well knew that the proposals were mad