Life Insurance Corporation of India v. Tarun Jain

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. B.R. Mahajan, Advocate for the petitioner. AJAY KUMAR MITTAL, J. In this revision petition filed under Article 227 of the Constitution of India, the petitioner has sought setting aside of the order dated 8.6.2009 (Annexure P-1) passed by the trial court whereby the application filed by the plaintiff under Sections 63 and 65 of the Indian Evidence Act for producing secondary evidence was dismissed. The trial court while dismissing the application for leading secondary evidence noticed that the application for leading secondary evidence is vague. The trial court further observed that in the application, there is no mention as to what correspondence and between whom the said correspondence took place or as to what zimni orders (i.e. of what date) are required to be produced and proved. It has been recorded by the trial court that there is no reference of any context or the relevancy for which the applicant wants to prove the said zimni orders and the application at this stage has been filed to delay the proceedings of the time bound case. CR No. 3852 of 2009 -2- No illegality or perversity could be pointed out by the learned counsel for the petitioner in the order dated 8.6.2009 passed by the trial court warranting interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. Accordingly, there is no merit in this revision petition and the same is hereby dismissed. July 14, 2009 (AJAY KUMAR MITTAL) JUDGE