S BALDEV SINGH Vs. LIFE INSURANCE CORP OF INDIA

JUDGEMENT

(1.) THIS application raised a very interesting point: Whether this court, in the facts and circumstances of the case, can direct defendants to deposit the suit amount to meet the claim of the plaintiff?

(2.) IT arises out of a suit filed by applicant for recovery of Rs. 2.70 lacs consequent upon repudiation of his claim by the defendants. His wife, Smt Jasbir Kour, was insured by the defendant company after completion of necessary formalities. The company also accepted premium paid by her till her death on May 3,1988. It, however, repudiated the claim on the ground that the insured has suppressed vital information and resorted to mis -representation at the time of entering into contract of insurance.

(3.) THE suit was filed on March 27, 1989 and is pending adjudication ever since. Presently, parties have been directed to lead evidence and meanwhile this C.M.P. has momentarily derailed the proceedings.