GUPTA, J.—This is plaintiffs first appeal for the recovery of a sum of Rs. 10,256/- from the respondent Life Insurance Corporation of India (hereinafter called the Corporation) and arises in the following circumstances:—

On November 27, 1958 a proposal for insurance for a sum Rs. 10,000/- on the life of Jai Singh (now deceased) husband of the plaintif-appellant along with a personal statement and a confidential report of the medical examiner was submitted to the respondent Corporation. The appellant was nominated under sec. 39 of the Insurance Act, 1938 (hereinafter called the Act) as the person to whom the money secured by the aforesaid policy was to be paid in the event of the death of Jai Sing The aforesaid proposal for insurance was accepted by the respondent Corporation on December 11, 1958 and an insurance policy No. 6833799 was issued by the Corporation for a sum of Rs. 10,000/- in favour of Jai Singh, commencing from December 24, 1958 Jai Singh paid yearly insurance premia which fell due in respect of the aforesaid policy in the years 1959 and 1960. However, the next yearly premium which fell due on December 24, 1961 was not paid and, therefore, the above mentioned policy st

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