JUDGMENT

Greaves, J. - The plaintiffs insured with the defendant Company under two policies, dated the 4th November 1920 and the 28th February 1921 loose jute at Kissengunge in the District of Purneah.

2. The insurances were effected subject to the terms and conditions endorsed or otherwise expressed on the policies.

3. Both policies contained a condition (No. 13) which so far as is material is to this effect:

4. "If the claim be made and rejected and an action or suit be not commenced within three months after such rejection or (in case of an arbitration taking place in pursuance of the 18th condition of this policy) within three months after the arbitrator or arbitrators or umpire shall have made their award, all benefit under this policy shall be forfeited." For the purpose of these proceedings the following facts are admitted as correct by both parties to the suit. The jute insured under the policies was destroyed by fire on the 7th June 1921, the plaintiffs submitted their claims under the policies on the 14th June 1921, the claims were rejected by the defendant Company on the 30th July 1921, and this suit was commenced on the 5th May 1922. The following issue of law arises in the