Document provided at belated stage cannot be admitted as additional evidence.

1. The plaintiff in O.S. No. 364 of 1974 on the file of the Court of the learned Principal Subordinate Judge, Erode, is the appellant herein. The suit was filed for recovery of Rs. 22,812/-with subsequent interest and costs.

2. The case of the plaintiff, as stated in the plaint, is as follows:- The plaintiff is the husband of late Nachiammal. Nachiammal had taken out two life insurance policies under Policy Nos. 12034935 and 44550825. The former was for Rs. 10,000/-and the latter was for Rs. 20,000/-. The insured Nachiammal died on 1.2.1973 suddenly at Vellore, where she had gone to her son's house, and where she was a partner in a business under the name and style of 'Srinivasa Textiles'. On 7.3.73 the plaintiff, who was the nominee in both the above insurance policies, applied to the defendant for payment of the amount due under them. The plaintiff had also enclosed the original policies, death certificate, and filed the claim after observing all the formalities. The defendant accepted the claim made in regard to the Policy No. 12034935 and issued a cheque towards the amount due under that policy. The defendant has thus impliedly accepted that everything was in order. Later on, inspite of repeated reminders, the defendant was not honouring its commitment towards Policy No. 4450825. Finally on 26.2.1974 the defendant received a reply repudiating the plaintiff's claim for payment of the amount due under the above policy. Nachiammal was of sound health and regular habits. She was quite hale and healthy at the time of insuring her life. She was also tested by a competent and authorised Doctor on behalf of the defendant. The medical examination and the report of the doctor would reveal that the deceased was of sound health and was not suffering from any malady. The deceased had also signed in the declaration form as enjoined and there was no material of non-disclosure of any kind. The deceased was not afflicted with any disease of a serious nature, the non-disclosure of which would have been a material one. The policy No. 44550825 was taken on 12.2.1970. The premium payable was Rs. 506.90 per half year. The deceased had paid six premiums. The deceased had gone to Vellore to her son's house. She suddenly developed sickness and died in-spite of treatment at Christian Mission Medical College Hospital at Vellore. The death was sudden and unexpected. Since the deceased had paid premium for three years, her share and the profit will not be less than Rs. 1,000/-. All the reasons urged in the communication dated 26.2.1974 received from the defendant are baseless. The deceased was not susceptible to any ailment which was not normal or likely to occur to any person. She was not guilty of any material of non-disclosure in the declaration form. There was no misstatement made in the declaration form. The repudiation by the defendant is totally unjustified. The policy was taken nearly three years before the death of the deceased. The defendant has no right to repudiate the policy. To the notice issued by the plaintiff through his lawyer demanding payment of the amount due under the policy together with the earned bonus, the defendant repudiated its liability by quoting a letter dated 26.2.1974. The plaintiff estimates the profit at Rs. 1,000/- and is making a claim for that amount also. He is entitled to interest on the sum of Rs. 21,000/- from the date of death of Nachiammal. Under law and in equity the plaintiff is entitled to interest at 6 per cent per annum on Rs. 21,000/- from 1.2.1973.

3. In the written statement the defendant Life Insurance Corporation of India raised the following contentions:- The defendant repudiated the claim under the suit policy for justifiable, legal and proper reasons. The life assured was not of sound health either at the time of the proposal or some years prior thereto. As soon as the claim was made by the plaintiff, the defendant made discreet enquiries and the investigation revealed that the deceased h