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1971 Supreme(All) 224

S.N.DWIVEDI, S.TRIVEDI, R.L.GULATI
Raja Ram – Appellant
Versus
Mata Prasad – Respondent


Advocates:
K.C. Agarwal, for Applicant; Mohanji Verma and S.M.K. Chaudhari, for Opposite Party.

Judgement

DWIVEDI, J. :- There was one Dwarka Prasad. He held two policies on his life from the Oriental Government Life Assurance Company Limited. One was effected on October 10, 1945; the other on March 2, 1951. The applicants before us obtained a decree for payment of money against him. They put it into execution. But he died. So they tried to substitute Mata Prasad and Vishwanath Prasad as his legal representatives and to execute the decree by attachment of the amounts payable to them as nominees under the aforesaid policies. The court below rejected the application. Hence this revision.

2. In the policy of 1945 Dwarka Prasad nominated Mata Prasad and Vishwanath Prasad as his nominees on July 11, 1951. It was made on the back of the policy. The company registered it on July 25, 1951. The nomination is made materially in these words: "I ...... nominate ...... to be the persons to whom the moneys secured by the policy shall be paid in the event of my death."

3. In the policy of 1951 the nomination was made on the date the policy was effected. The nomination is expressed materially in these words: "Names of nominees Mata Prasad and Vishwanath Prasad." They will receive the money paya


























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