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. Late