Cornish, J.

1. The appellant in A. Section No. 50 is the Bengal Insurance and Real Property Company having its head office in Calcutta. It was sued by the plaintiff, the widow of one Sengottiah Goundan, to recover the money due on a life assurance policy between her husband and the Company. The proposal for this policy was made through the Companys agent ad Erode on 24th August 1927. The proposal was accepted by the Company on 8th September 1927. Thereupon a half years premium became payable within five days from the date of the Companys notice of acceptance of the proposal. But this premium not having been paid, a fresh certificate of health, as required by the Companys notice (Ex. 23), had to be furnished by the assured to the Company. This he did on 22nd January 1928, and the declaration or certificate is Ex. 1. It stated that he was at the time in good health and that since his medical examination on 30th August 1927 he had not consulted any medical man or suffered from any illness. The policy was issued on 5th May 1928. In a little over three months, namely on 16th August 1928, the assured died of pernicious anaemia.

2. The plaintiffs claim to recover the money was resis