S. N. Variava, C. J. (Oral)

( 1 ) THIS Appeal is against a Judgement dated 3rd December, 1973. By this Judgment, the Suit of the Appellant herein had been dismissed. The Appellant is the widow of one Shri Dharam Pal Puri, who expired on 5th August 1964. During his lifetime, Shri Dharam Pal Puri had taken out four LIC policies, particulars whereof are as under:- Date policy Amount policy No. 12-10-1959 rs. 10,000. 00 6081583 12-6-1961 rs. 25,000. 00 6151357 10-3-1964 rs. 45,000. 00 6297731 15. 6. 1964 rs. 5,000. 00 8315544

( 2 ) IN the Suit, the Appellant claimed the amount of four policies from the Respondent Corporation on the ground that she was the assignee under those policies. The defence taken up by Respondent was that the said Shri Dharam Pal Puri was suffering from heart disease and that he knew about his ailment and that he had consulted doctors about these disease but that he had fraudulently suppressed these facts.

( 3 ) ON the pleadings of the parties, the learned Single Judge raised the following Issues :-

1. Is the Plaintiff entitled to recover the amount, if any, due to her on the policies mentioned in the plaint, on the allegations made in the plaint?

2. Who is the assi

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