BAKHSHISH KAUR, J. - (1.) BALWINDER Kaur wife of Swinder Singh had taken the policy of Insurance which was in operation during her life time. After her death Swinder Singh had filed a suit for recovery of Rs. 51,675 i.e. Rs. 5000/- (50,000 ?) as policy amount and Rs. 1675/- as bonus against Life Insurance Corporation of India-defendant now the petitioner.
(2.) THE suit was contested by the petitioner by raising certain pleas that the plaintiff is estopped form filing the suit by his own act and conduct; that the insured committed suicide and died within a period of one year from the date of policy of insurance and that the suit for recovery is not maintainable against it. On merits also, it was pleaded that the plaintiff is not entitled to the recovery of the amount in question because the defendant had already informed him vide letter dated October 11,1995, that Balwinder Kaur has committed suicide within a period of one year from the date of policy and, therefore, the policy has become null and void. The petitioner filed an application under Order 16 Rule 17 of the Code of Civil procedure seeking amendment to written statement to the effect that the policy under this contract of insurance was issued under "Marriage Endowment/Educational Annuity Plan". The sum assured of Rs. 50,000/- was payable only on the stipulated date of maturity. It was payable only on the expiry of period selected by the proposer Balwinder Kaur that is after 15 years. The petitioner wants to take up this plea as an alternative plea. The amendment was declined, hence this revision.
(3.) THE learned counsel for the respondent has submitted that by way of proposed amendment, the petitioner wanted to set up a new plea in order to change the nature of the stand already taken by defendant which cannot be allowed.;