JUDGMENT :

Sanjay K. Agrawal, J.

1. This appeal has been preferred by the Defendants/Life Insurance Corporation of India (hereinafter referred to as 'the Corporation') under Section 100 of the Code of Civil Procedure, 1908 questioning the legality and propriety of the judgment and decree dated 18.01.2008 passed by the 1st Additional District Judge, Manendragarh, Koriya (C.G.) in Civil Appeal No. 30-A/2007, whereby, the lower appellate Court, while reversing the judgment and decree dated 23.07.2007 passed by Civil Judge, Class I, Manendragarh, District Koriya (C.G.) in Civil Suit No. 3A/2005 has decreed the Plaintiff's claim.

2. Briefly stated the facts of the case are that one Smt. Girijadevi, the predecessor-in-interest of the Plaintiff had taken a life insurance policy on 28.03.2001 for a sum of Rs. 50,000/- and had nominated her son, the Plaintiff Rajkumar, as her nominee. After the death of Smt. Girijadevi on 23.03.2003, her son approached the authorities of the Corporation for availing the benefit of the said policy, but it was refused giving rise to the institution of the suit seeking declaration to the effect that he is entitled to avail the benefit of the said policy. Accordin