J.S.NARANG,J - (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. It may be noticed that the petitioner had filed an application for appointment of a Local Commissioner eliciting the status of the building as it is existed at that time. The Local Commissioner was appointed and a report has been tendered which has been exhibited as Exhibit R-9. The effort is to substantiate the report of the Local Commissioner or fill in the lacunas which may have been left. The Appellate Court has correctly declined the indulgence in this regard. So far as the second plea is concerned, an application under Order 6 Rule 17 of the Code of Civil Procedure has been filed for seeking amendment in the written statement of the petitioner. He wanted to take the plea of the practice adhered to for making payment of rent through cheques. This application was dismissed by the appellate authority vide order dated 6.9.1999. The said order was challenged by the petitioner by way of filing Civil Revision No. 5486 of 1999 before this Court, which has been dismissed vide order dated 3.11.1999. As such, allowing an additional evidence in this regard could not be sustained.
(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.;