JUDGMENT

Williams, J. - This is a claim for Rs. 5,000 and costs upon a 15 years' endowment policy of life assurance, which the assured, one Noot Behari Das, in consideration of natural love and affection has assigned to his son, the plaintiff, in August 1934.. The policy is dated 16th February 1934, and the assured died on 22nd February 1936. The policy was issued subject to the conditions stated therein, and in accordance with the proposal and declaration made by the assured on 8th January 1934, in which it was provided that the declaration and the statements, answers and representations therein contained and in the report of the Company's medical examiner should be the basis of the contract, and that if any untrue averment should be contained therein, the contract would be void.

2. The defendants resist the claim on the grounds that the proposal contained a number of untrue statements and that it was accepted subject to the further condition that should the proposer's age be proved to have been above 60 years at his next succeeding birthday, the assurance-should be treated as void ab initio, and that it has been so proved. The alleged untrue statements are (a) that the proposer's a