This is said to be a test case to get a ruling on a point not covered by rulings so far. This is a petition originally filed by the Oriental Government Security Life Assurance Company Limited, whose place has been taken now by the Life Insurance Corporation of India on nationalisation, for revising and setting aside the decree and judgment of the Additional Subordinate Judge, Tiruchirapalli, in S.C.S. No. 420 of 1953, granting a decree for Rs. 385 alleged to be the percentage commission due to the plaintiff Krishnamurthi, an insurance agent from the petitioner in respect of the renewal of premia on policies effected through his agency between 21st April, 1944 and 14th December, 1950, under section 44(1)(b) of the Insurance Act.

The facts are briefly these: The plaintiff Krishnamurthi was an insurance agent under the Oriental Government Security Life Assurance Company for more than five years and less than ten years and ceased to be such agent on 14th December, 1950. According to him he had secured policies for Rs. 54,500 which were in force within two years before his ceasing to be agent. One policy for Rs. 5,000 out of the above policies lapsed for non-payment of premia on