R. N. BISWAL, J.

( 1 ) LATE Surendra Sethi, the husband of the petitioner who was serving as a Gate Keeper in S. E. Railway, balasore, (Kharagpur Division) assured his life fnr Rs 50,000/- (Fiftythousand only)under Opp. Party No. 1, with effect from 28-12-1994 vide Policy No. 580885 328, which was to mature on 28-12-2009, wherein the petitioner was shown as nominee. He went on depositing the premium of Rs. 2260/-till his death, on 13-4-1996, due to cardiac vascular arrest and Hemiplegia. The petitioner made several representations to the opp. parties for settlement of the assured value of the L. I. C. policy undertaken by deceased husband, but to no effect. Ultimately she served a notice on opp. party No. 2. through her advocate on 22-2-1997, in response to which he sought for some documents with intention to delay the matter. So she filed the writ petition to direct the opp. parties to release the assured amount in her favour.

( 2 ) IN their counter affidavit opp. parties 1 to 3 contended that the writ petition should be dismissed inasmuch as the deceased suppressed the facts of his physical deformity, actual age and the medical leave, which he availed prior to taking the policy