Law: Civil Procedure Code (V of 1908)

Section: OrderXXXVII,2,3

Law: Contract Act, 1872

Section: 19

Law: Insurance Act, (IV of 1938)

Section: 45

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Contract Act (IX of 1872), S.19---Suit for recovery on basis of cheque issued by Insurance Company to legal heirs of deceased under his insurance policy---Stoppage of payment of cheque by bank at instruction of company---Plea of company that cheque was obtained by fraud as date of birth disclosed by deceased while obtaining insurance policy was found as incorrect---Proof and validity---Deceased while obtaining insurance policy had represented to have no other proof of his date of birth as 8-3-1945 except National Identity Card---Record of School/Board of Secondary Education showed the date of birth of deceased as 8-3-1940---Deceased had stated his date of birth as 8-3-1940 while filling up Secondary School Examination form in year 1957---National Identity Card containing a different date of birth had been issued long thereafter---Correct and true date of birth of deceased would be the one as recorded in School/Board record being earliest in time--Ordinarily, once insurance policy was issued, claim was processed and cheque was issued, then matter would become a fait accompli---Fraud had been committed by deceased at the time of getting insurance policy---Cheque had been issued on the basis of insurance policy obtained through fraud and misrepresentation---Suit was dismissed in circumstances. State Life Insurance Corporation v. Mst. Begum Jan PLD 1983 SC 421; State Life Insurance Corporation v. Mamoor Khan 1993 CLC 790; Mithoolal Nayak v. Life Insurance Corporation of India AIR. 1962 SC 814; Smt. Rami Bai v. Life Insurance Corporation of India, Bhopal AIR 1981 Madhya Pradesh 69 and Smt. Saroj Agrawal v. Life Insurance Corporation of India and others AIR 2004 Jharkhand 134 rel. (b) Insurance--- ----Ordinarily once insurance policy was issued, claim was processed and cheque was issued, then matter would become a fait accompli. (c) Age--- ----Date ----Date of birth, proof of---National Identity Card and School/Board Record both containing different dates of birth of same person---Validity---Date of birth mentioned in National Identity Card would ordinarily be taken to correct unless proved to the…

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