RAJ Vs. DEVI DITTA MALL

JUDGEMENT

(1.) THE petitioners are stated to be the widow and the son, respectively, of Sawan Mal, deceased. The deceased had taken a policy with the Life Insurance Corporation of India and he had nominated his real brother, Devi Ditta Mall, respondent, to receive the amount in respect of the policy. Sawan Mal died as a result of an accident. The petitioners filed a suit for declaration that they being the legal heirs of the deceased were entitled to receive the amount due under the policy of insurance. They also claimed a mandatory injunction that the amount due under the policy should not be paid to Devi Ditta Mall, the nominee. The learned trial court when approached in that behalf declined to grant a temporary injunction against the nominee on the ground that if it were so done it would stultify the provisions of Section 39 of the Insurance Act, 1938, and further ordered that the amount should be received by the nominee who, in turn, should furnish security for restitution in case the suit filed by the petitioners succeeded. The petitioners filed an appeal against that order which was dismissed. Thereafter, they filed the instant revision which came up before R. S. Narula, Chief Justice, on 2nd December, 1976, who passed the following order :

(2.) MR . Sarin, appearing on behalf of respondent No. 1, Devi Ditta Mall, who was mentioned as a nominee in the policy of insurance, has reiterated the same ground pn which the learned courts below disallowed the prayer for injunction made by the petitioners. In support of his submission, Mr. Sarin has placed reliance on a single Bench decision reported as Malli Dei v. Kanchan Prava Dei, AIR 1973 Orissa 83, wherein it was held as under :

(3.) FOR the reasons mentioned above, I allow this petition and order that the ad interim order dated December 2, 1976, passed by the learned Chief Justice be made absolute. The learned trial court shall dispose of the suit as expeditiously as possible. .