ORIENTAL INSURANCE CO. LTD Vs. SATISH MEHTA

JUDGEMENT

(1.) AFTER hearing the learned counsel for the parties I am of the considered opinion that no infirmity can be found in the order dated 6.9.1999 passed by the Additional District Judge, Mansa, by which application for seeking production of additional evidence has been declined.

(2.) LEARNED counsel for the petitioner has argued that he was to examine an expert for the purpose of elaborating the status of the alterations allegedly made in the building and secondly to prove the practice of payment of rent through cheques.

(3.) NO ground has been made out that the petitioner had acted with due diligence and yet the additional evidence sought to be brought on record could not be produced. It is the settled law that the evidence cannot be permitted if the intention is to fill in the lacunas or to substantiate the evidence which is already produced on record. In view of the above, the petition dismissed. No order as to costs. Petition dismissed.