JUDGMENT 1. - Instant appeal owes its origin in the Judgment and decree dated November 14, 1990, of the learned Addl. District Judge No. 1, Bharatpur, whereby the suit instituted by plaintiff-respondent was decreed. The parties shall be referred hereinafter in the same manner in which they were arrayed in the plaint. The plaint was instituted for recovery of Rs. 10,000/- plus interest 5 on account of Life Insurance Policy taken by her husband, Late Shri Bhim Singh on March 28, 1985. It was pleaded that Shri Bhim Singh had expired on April 28, 1985 but the claim amount was not paid by the defendant. 2. The defendant in the written statement averred that upon investigation of the claim it was revealed that Shri Bhim Singh had not disclosed correct facts about his health and illness and various columns of the proposal form were filled concealing the fact that he was suffering from T.B. and remained admitted in the hospital for a long time. Under those circumstances, the claim was vitiated. On the basis of pleadings of the parties, learned trial court framed as many as three issues which have been incorporated in the impugned judgment. Plaintiff examined herself as P.W. 1, 5 whereas 4 witnesses were produced by the defendant. 3. The learned trial court after hearing the parties decided Issue No. 1 & 3 in favour of the plaintiff and decreed the suit. Issue Nos. 2 in respect of interest was however, decided in favour of defendant. 4. I have reflected over the rival submissions and carefully scanned the material on record. 5. Learned counsel appearing for the defendant canvassed that original proposal form could not have been produced at the time of framing of the Issues. Photostat copy of the proposal form was filed by the defendant but original form was produced alongwith an application under Order 13 Rule 2 C.P.C. which stood allowed by the trial court on October 24, 1990. Under these circumstances, when the application was allowed by the trial court, opportunity to produce witness in order to exhibit the said document ought to have been provided to the defendant. Not doing so, the learned trial court committed illegality and, therefore, the findings of Issue No. 1 should be set aside. 6. In order to appreciate the arguments advanced before me. I have closely examined the order sheets drawn by the learned trial court. Not doing so, the learned trial court committed illegality and, therefore, the findings of Issue No. 1 should be set aside. 6. In order to appreciate the arguments advanced before me. I have closely examined the order sheets drawn by the learned trial court. Plaintiff examined herself on August 15, 1990 and closed her evidence. Thereafter as many as 14 opportunities were provided to the defendant to produce his evidence. On October 24, 1990, an application under Order 13 Rule 2 C.P.C. was filed by the defendant for taking the original form on record. A look at the defendant's application demonstrates that the defendants has not asked to accept the said application by producing the evidence. As ample opportunity to produce evidence was provided to the defendant, the learned trial court closed his evidence on the said date. Therefore, it is difficult to agree with the submissions advanced before me by the learned counsel appearing for the defendant. 7. In the written statement, it was pleaded that late Bhim Singh withheld the information regarding his health but it is nowhere being pleaded that late Bhim Singh himself filed the form in his own handwriting. Neither details in dealing with Insurance Policy had been given in the written statement nor the Insurer defendant had examined his witness. It was incumbent upon the defendant to prove that deceased Bhim singh deliberately concealed the facts but this burden has not been discharged. In view of proviso contained in Life Insurance Corporation Act, 1956, the Insurance agent has to furnish confidential report in respect to insure but it is nowhere pleaded in the written statement that the confidential report in respect of late Bhim Singh has ever been produced. Unless Insurance Agent certifies the information given by the insured, the Insurance Company is not in a position to issue an insurance policy. A look at exhibit A-1 the Insurance Policy also demonstrates that the Life Insurance Corporation's agent after receiving proposal form and declaration, agreed to insurance policy in favour of late Bhim Singh. 8. In view of what I have discussed hereinabove, I do not find any infirmity in the impugned judgment and decree. I am also of the view that issue Nos. 1 & 3 were rightly decided by the learned trial court. The appeal being devoid of merit stands dismissed with cost.Appeal dismissed. *******