RAMAPRASADA RAO J.

The unsuccessful plaintiff in O.S. No. 6/69, on the file of the Second Additional District Judge, Pondicherry, is the appellant. A policy of insurance, exhibit A-4, was accepted by the Life Insurance Corporation of India (hereinafter called "the Corporation") under the following circumstances : The plaintiff and his wife, late Ranganayagi, took out a joint life endowment assurance policy for Rs. 25, 000 and paid the premium for the first quarter and obtained a receipt on December 31, 1959. Ranganayagi, however, died a few days later, to wit, on January 17, 1960. On information about the death, the Corporation made certain investigations and found that the policy had to be repudiated since certain material facts which the insured have to furnish were not given and certain other representations which were peculiarly within the personal knowledge of the insured were incorrectly stated. The Corporation would also take up the position that Ranganayagi who was suffering from tuberculosis suppressed the fact and that she deliberately gave the information that she last delivered a child on May 18, 1959, when on investigation it was found as seen from exhibits