B.C.Chakrabarti, J. - (1.) This is a revisional application at the instance of the plaintiff and is directed against an order dated May 5, 1981 passed in T. S. No. 674 of 1977 now pending in the 7th Bench of the City Civil Court at Calcutta.
(2.) The petitioner instituted the suit principally for a declaration that she is entitled to the full value including bonus in respect of a life insurance policy. Facts so far as they are relevant for our present purposes are not disputed. Indrajit Sen, since deceased, was the holder of the life insurance policy and, the petitioner is the nominee of the policy holder. The policy holder having died on March 5, 1974, she lodged a claim for payment of the amount due under the policy. Initially the Life Insurance Corporation, the opposite party herein issued a discharge voucher to the petitioner for being duly filled in and returned to the Corporation. This was done but the Corporation thereafter agreed to pay only the paid up value of the policy on the ground that the assured had suppressed material information and made certain misslatements. The petitioner was therefore constrained to file the suit.
(3.) The opposite party is contesting the suit by filing a written statement. Amongst various objections raised by the opposite party, one was to the effect that the relief claimed in the suit was barred under Section 214 of the Indian Succession Act. Issue No. 1 framed in the suit refers to this objection and this issue was heard as a preliminary issue and disposed of by the impugned order.;