Judgments:Mack, J. - This is a Letters Patent Appeal admitted by a learned Bench of this Court against C.M.A.No.522 of 1952, against an order by Basheer Ahmed Sayeed, J., dismissing an appeal against an order of the learned City Civil Judge, Madras refusing to stay O.S.No.405 of 1952 under section 34 of the Arbitration Act (X of 1940).

The facts are shortly these. Appellant and defendant in the suit is the South India Co-operative Insurance Society Ltd., Madras. The suit was filed by the plaintiff-respondent as a nominee of an insurance policy taken out with this society by his late brother, Mr.Viyyanna, an advocate who died on 10th April, 1949. The policy was a “double endowment policy” No.2190 dated 9th April, 1935, under which a sum of Rs.1,000 was payable if the assured died within a period of fifteen years from the date of the policy. An enhanced sum of Rs.2,000 would become payable if he survived this period. The policy matured on 8th April, 1950 and the last premium was payable on 9th January, 1950. The society claimed that it was liable to pay, only Rs.1,000 less arrears of premium for three months. Plaintiff on various grounds sought to recover Rs.2,000, or in the alternati

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