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1965 Supreme(Cal) 122

B.Mukerji
Madan Mohan Roy – Appellant
Versus
A L Dutta – Respondent


Advocates:
Advocate Appeared:
A.C.Majmudar, B.K.Bachawat, P.Bagchi, P.K.Mullick

JUDGMENT

1. THE petition dated March 5, 1965, I have now been called upon to decade is one for amendment of an unusual plaint presented to this Court on December 21, 1962. An unusual plaint, because the relief the plaintiff prays the court for is a decree for Rs. 10,280 on the foot of a life policy taken by his deceased brother (whose nominee he is) from the Life Insurance Corporation of India, (shortened hereafter into "lic" as far as possible), but the parties sued against are A. L. Dutta, Zonal Manager of LIC, the Managing Director and the Chairman of LIC, the last two being represented by the said A. L. Dutta, although under section 3 (2) of the Life Insurance Corporation Act 31 of 1956 LIC is a body corporate having perpetual succession and a common seal and may by its name sue and be sued. What is worse still, the three defendants by their written statement filed on April 26, 1963, pleaded just this: LIC is a body corporate and may by its name be sued (paragraph 1) and pleaded too the non-maintainability of the suit because of absence of a contract between them and the plaintiff, lack of cause of action against them, and the impossibility of the Managing Director and the Chai




















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