GOVIND MATHUR, J. :

” The Life Insurance Corporation of India has preferred this appeal to question correctness of the judgment dated 8.4.2005 passed by learned Single Bench dismissing S.B. Civil Writ Petition No.2022/2005.

2. The facts necessary to be noticed are that Shri Phool Chand, husband of respondent No.3 Smt. Rukma Devi, obtained a life insurance policy on 28.9.2000 but the same expired on 27.9.2002 due to default in payment of premium. The life insurance policy came to be renewed on 17.4.2003. While getting the policy renewed, Late Shri Phool Chand made a declaration in the statement about his health that he was not suffering from any disease/ailment that require treatment for a period of one week and he was in good health at the time of seeking renewal of the policy. He also accepted that if any statement/declaration made by him is found false then the Life Insurance Corporation of India shall be at liberty to repudiate the policy. Shri Phool Chand on 23.4.2003 was admitted to Government Hospital, Sojat City being suffered with hypertension and anemia. On 28.4.2003 he left the hospital against medical advise. The treating doctor while relieving Shri Phool Chan