JUDGMENT

Faiza Tamby Chik J:

This appeal is against the decision of the learned Sessions Court judge given on 22 April 1996 who after a full trial granted judgment as prayed to the plaintiff. A copy of the judgment appealed against is annexed to the "Rekod Rayuan Tambahan". The grounds of judgment of the learned Sessions Court Judge (at pp. 230-240 of the Record of Appeal) were delivered some two years ten months after her decision. The relevant pleadings are: The plaintiff's summons dated 13 December 1993 (pp. 224- 229 of the Record of Appeal, the re-amended defence dated 26 October 1994 (pp. 218-221 of the Record of Appeal), the documents tendered as exhibits to the court below are at Part C of the Record of Appeal (pp. 260-309 of the Record of Appeal).

In gist the facts are as follows: The defendant is a licensed insurer. The plaintiff is the daughter and lawful representative of Foo Chee Tuck, deceased ("the deceased"). By a proposal form dated 2 January 1991 (pp. 283-284 of the Record of Appeal) and a "Statement to the Medical Examiner" of the same date (pp. 286-287 of the Record of Appeal), the deceased applied to the defendant for a life insurance policy. The policy applied