ORDER

Mrs. Justice Nisha Gupta, President - This appeal has been filed against the judgment of the learned DCF, Tonk dated 28.4.2015 whereby the original complaint of the appellant is dismissed.

2. The contention of the appellant is that he was not suffering from any pre-existing disease. Mere production of discharge ticket is not enough and repudiation is not justified.

3. Per contra the contention of the respondent is that the appellant was suffering from pre-existing disease, material facts have not been disclosed hence, the repudiation is justified.

4. Heard the counsel for the parties and perused the impugned judgment as well as the original record of the case.

5. There is no dispute about the fact that the appellant remained hospitalized during the continuation of the policy at Narayana Hrudayala Hospital, Jaipur. He was admitted in the hospital on 9.2.2013, he was operated on 12.2.2013 and was discharged on 18.2.2013.

6. The contention of the appellant is that he was not having any pre-existing disease and only production of discharge ticket is not sufficient to prove the fact that he was suffering from any pre-existing disease and reliance has been placed on IV (2014) CPJ 580 (NC