( 1 ) THE petitioner who is father of minor daughter named Binita has filed this petition under Arts. 226 and 227 of the Constitution of India, with a prayer to modify the terms of Insurance policy No. 830432635 dated 28-12-1988 issued by Branch Manager, C. B. 0. No. 9/840 Ahmedabad in the name of Kumari Binita B. Banker.

( 2 ) IT is the case of the petitioner that on 28-12-1988 the petitioner had taken a Policy under Table-80 for Rs. 25,000. 00 for a period of 35 years as per terms and conditions of the Childrens Anticipated Policy for the benefit of his minor daughter Binita who was born on 27-10-1988. According to the petitioner, as per the terms of Policy the risk on childs life will commence at the age of 18 or 21 years as desired by the proponent and the Policy will automatically vest in the child at the end of the deferment period and the Policy will participate in profits from the Deferred Date only. As per the petitioner, the deferred date would be 28th December 2006 in case of his minor daughter binita and therefore, minor Binita would be entitled to the benefit of the Policy only on attaining the age of 18 years as per the Policy and thus said term being unrea