- (1.) THIS appeal arises out of a judgment and decree passed by Mr. Justice U. C. Law in suit No. 1874 of 1955. The said judgment and decree has been challenged by the defendant Life Insurance Corporation of India on several grounds which will appear in the body of the judgment. In order to understand the precise significance of the contentions of the respective parties, it is necessary to set out the facts giving rise to the litigation, out of which the present appeal has arisen:
(2.) ONE Brojendra Mohan Mitra a Zamindar of Ghoramara in Rajshahi (at the relevant time in Pakistan) took out a policy on his life from the Oriental Government Security Life Assurance Co. Ltd. of Bombay (to be referred hereinafter as the insurer) on the 9th November, 1932 for a sum of rs. 24,000/ -. The insurer, in consideration of the premiums paid and to be paid to it, issued a policy No. 358406 on the life of Brojendra agreeing to pay to him or his assignees, executors, administrators or other legal representatives the sum assured together with all bonus and profits which might accrue upon the policy on the assured surviving until 25th October, 1952 or at his death which, ever was earlier. Under the terms of the policy the sum assured was payable at Bombay. The said policy matured on October 25, 1952 and the sum of Rs. 29,650/- became payable on the said policy to Brojendra (hereinafter referred to as the assured ). .
(3.) ON the 18th December. 1952 brojendra executed a deed of assignment in favour of his son Rabindra the plaintiff in the suit, in Calcutta within the jurisdiction of this Court. After the deed of assignment was executed the assured and the assignee wrote letters to the insurer intimating the fact of assignment and also gave notices in writing intimating about the said assignment to the insurer at its principal place of business at Bombay and also to it the deed of assignment which tire insurer acknowledged in writing by its letter dated 31st December, 1952. The plaintiff claimed by virtue of the said need of assignment executed in his favour by his father the sum of Rs. 29,650/- But the said amount was not paid by the insurer, as such the plaintiff had to institute the suit on july 7, 1952.;