Varadachariar, J.

1. The plaintiffs father took out an insurance policy on his life in the defendant Company in 1920. The premium was payable annually, but the payment due in March 1924 was allowed to remain unpaid even after the expiry of the period of grace. i.e., even after 2nd April. When the Company gave the assured a notice of lapse on 8th April, the assured sent in the declaration Ex. 5 as required by the rules of the Company and the terms of the policy according to which the policy could be revived on furnishing satisfactory evidence of continued good health and on the payment to the Company of all premiums duo with interest at the rate of 6 per cent per annum up to the date of re-instatement.

2. It would appear that the policy in this case had even by the date in question acquired a surrender value, but it is unnecessary to base any conclusion on that circumstance, because the declaration was made within the time allowed even in respect of policies which had not acquired such surrender value. The declaration and payment were accepted by the Company and the policy was revived. The assured died in October 1924; and when the claim was sent in on behalf of the plaintiff,