ANIL K.SEN, J. - (1.) The respondents are not appearing to contest this appeal though they have been intimated that the appeal itself would be taken up for hearing dispensing with all other formalities. The appellant is the Life Insurance Corporation of India. The appeal is directed against an order dt. May 19, 1986, passed by a learned single Judge of this court in Suit No. 111 of 1974. By the order impugned the learned Judge has allowed an application for restoration of the suit by setting aside an ex parte decree subject, however, to some conditions. The defendant/appellant although they had succeeded in the application for restoration, feels aggrieved by the conditions imposed and as such has preferred the present appeal.
(2.) The three respondents instituted the aforesaid suit for recovery of a sum of Rs. 65,000/- on declaration that a Policy of Insurance dt. Dec. 26, 1967, was subsisting and was in force at the time of the death of Sambhunath Arora on Jan. 29, 1969, and for consequential reliefs.
(3.) This suit was being contested by the defendant/appellant an the plea that the Policy in question having lapsed for nonpayment of premium other than the first premium, nothing was payable on the policy as claimed.;