Mariya Umma V. The Oriental Government Security Life Assurance Co., Ltd.

1955 Present : Gratiaen, J., and Fernando, J.

MARIYA UMMA, Appellant, and THE ORIENTAL GOVERNMENT SECURITY
LIFE ASSURANCE CO., LTD., Respondent

S. C. 278-D. C. Colombo, 23,590

Insurance-Contract of life insurance-Repudiation of liability by insurer-Vagueness of allegations against deceased insured-Framing of issues -Duty of Court to clarify issues-Civil Procedure Code, ss. 77, 146-Proposal Form-Questions appearing therein-Truth of answers-Tests to ascertain it.

(i) The insurer in a contract of life insurance, on being sued for the recovery of Rs. 30,000 due under the policy of insurance, filed answer repudiating liability in general terms alleging that the insured had withheld material information concerning the state of his health. Although the answer was defective for want of precise information as to the grounds on which liability was repudiated, it was not returned for amendment under Section 77 of the Civil Procedure Code. At the same time, the plaintiff, who was the administratrix of the estate of the deceased insured, failed to serve interrogatories on the insurer for the purp

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