RAJA RAM Vs. MATA PRASAD

JUDGEMENT

(1.) THERE was one Dwarka Prasad. He held two policies on his life from the Oriental Govern ment Life Assurance Company Limited. One was effected on October 10, 1945; the other on March 2, 1951. The appli cants before us obtained a decree for payment of money against him. They put it into execution. But he died. So they tried- to substitute Mata Prasad and Vishwanath.Prasad as his legal repre sentatives and to execute the decree by attachment of the amounts payable to them as nominees under the aforesaid policies. The court below rejected the application. Hence this revision.

(2.) IN the policy of 1945 Dwarka Prasad nominated Mata Prasad and Vishwanath Prasad as his nominees on July 11, 1951. It was made on the back of the policy. The company registered it on July 25, 1951. The nomination is made materially in these words: "I ... nominate ... to be the persons to whom the moneys secured by the policy shall be paid in the event of my death."

(3.) ON the face of the two poli cies we have a printed schedule. The schedule has a column ui respect of the persons to whom the sum assured is payable. The column reads material ly. "The proposer's Assigns or Nomi nees or his proving Executors or Admi nistrators or other legal Representatives"