1. The question at issue in this appeal is whether the appellant the East and "West Life Insurance Go. Ltd., is liable to pay to respondent 1, Kolla Venkayya the sum due on a life policy issued to respondent 1s brother, Kolla Janakirarnayya, in December 1935 for as. 15,000. The learned Subordinate Judge of Bapatla has granted a decree to respondent 1 for Rs. 12,862-13-0, after making certain deductions from the claim which dc not now concern us, but has refused him costs. The company has appealed and respondent has filed a memo of cross-objections on the question of costs only.

2. The undisputed facts of the ease are these. Premiums were due on the policy every six months. The premium due on 11th June 1936 was not paid in time. The policy therefore lapsed, but under its terms could be rein stated on "evidence being furnished of good health to the satisfaction of the directors." In September 1936, the premium was paid and the policy reinstated. In this connexion an application form Ex. D-16 printed throughout in English, was signed in Telugu by Janakiramayya, who could not read or write English. In that form were (amongst others) two declarations:

(i) That since the day of my