- (1.) Plaintiff Nazir Singh, having been non-suited by both the courts below, has filed this second appeal. Petitioner's wife Manjit Kaur had taken life insurance policy from the respondents/defendants for Rs. 1,50,000/-. On her death, the plaintiff being her husband and nominee in the insurance policy, claimed the insurance amount from the respondents, but they negatived his claim. Thereupon, the plaintiff filed suit for mandatory injunction directing the defendants/respondents to pay the insurance amount of Rs. 1,50,000/- to the plaintiff.
(2.) The defendants resisted the suit and while admitting the insurance policy in favour of plaintiff's wife, broadly controverted the other averments of the plaintiff. It was pleaded that claim of the plaintiff has been rightly negatived because the plaintiff's wife concealed the material fact that she was already holding another policy from another branch of respondent No. 1-Life Insurance Corporation and she also concealed the factum of her kidney problem, for which she was taking treatment from Ludhiana and Bikaner. Territorial jurisdiction of Court at Barnala was also challenged. Maintainability of the suit for mandatory injunction was also challenged.
(3.) Both the courts below have dismissed the plaintiff's suit. Feeling aggrieved, plaintiff has filed this second appeal.;