Thereupon Sarabati Devi and Alok Kumar minor represented by his next friend Atma Ram who was the father of Jag Mohan Swarup filed a suit in Civil Suit No.
From the Judgment and Order dated 23rd December, 1971 of the High Court of Judicature at Allahabad in Second Appeal No.
The plaintiffs have filed this appeal after obtaining special leave under Article 136 of the Constitution.
Dehradun for a declaration to the effect that they were together entitled to 2/3rd share of the amount due and payable under the insurance policies referred to above.
Yogeshwar Prasad, Mrs. Rani Chhabra and S. K. Bagga for the Appellants.
The facts leading to this appeal are these One Jag Mohan Swarup who was governed by the Hindu Succession Act, 1956 died intestate on June 15, 1967 leaving behind his son, Alok Kumar plaintiff No.
Her companytention was that on the death of the assured, she as his numberinee became absolutely entitled to the amounts due under the insurance policies by virtue of section 39 of the Act The trial companyrt dismissed the suit.
R. Agarwala, R. H. Pancholi and Ms. Vijayalakshmi Menon for the Respondent.
2 , his widow Usha Devi defendant and his mother Sarbati Devi plaintiff No.
122 of 1970 on the file of the Ist Additional Civil Judge.
The first appeal filed by the plaintiffs against the decree of the trial companyrt was dismissed by the District Judge, Dehradun.
The second appeal filed by them against the judgment of the District Judge before the High Court of Allahabad was dismissed in limine under Rule 11, Order 41 of the Civil Procedure Code.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He had during his lifetime taken out two insurance policies for Rs.
On the basis of the said numberination, she claimed absolute right to the amounts payable under the two policies to the exclusion of her son and her mother in law.
IV of 1938 hereinafter referred to as the Act on the assured dying intestate would become entitled to the beneficial interest in the amount received under the policy to the exclusion of the heirs of the assured.
96 of 1972.
1 as his heirs.
3082 of 1971.
10,000 each and had numberinated under section 39 of the Act his wife Usha Devi as the person to whom the amount was payable after his death.
The Judgment of the Court was delivered by VENKATRAMIAH, J. The short question which arises for companysideration in this appeal by special leave is whether a numberinee of a life insurance policy under section 39 of the Insurance Act, 1938 Act No.
