- (1.) This second appeal is preferred against the judgment and decree dated 21.9.1999 passed by 10th Additional District Judge, Ghaziabad in Civil Appeal no.115 of 1997 arising out of judgment dated 29.4.1997 passed by Additional Civil Judge (S.D.), Hapur, Ghaziabad in O.S. no.61 of 1995. The brief facts which give rise to this appeal are that :
(2.) The plaintiff respondent, hereinafter called ''the respondent' filed a suit against the Life Insurance Corporation of India, hereinafter called ''the appellant' for the relief of recovery of Rs.1,50,000/- and interest @ of 18% and other benefits arising out of the Insurance policies no.250932112 and 250920589 with the allegation that the father of the plaintiff made two proposals for issuing of two Life Insurance Policies for one lakh under table 88 for a period of 24 years and another for Rs.50,000/- under table 75 for a period of 20 years. These proposals were presented before the appellant corporation on 26.11.1991 and 3.12.1991. At the time of submitting the proposal the father of the plaintiff was hail and hearty and was not suffering from any disease. The appellant corporation after getting the plaintiff's father examined from a registered medical practitioner, accepted both the proposals and after taking the premium issued the receipts.
(3.) Father of the respondent deposited first instalment of both the policies amounting to Rs.4359.60 and Rs.315/-. In the policies the plaintiffs was nominated to receive the amount of policies.;