CMPMO No. 125 of 2008 8.7.2008 Present: Shri V. S. Chauhan, Advocate, for petitioner. Shri Satyen Vaidya, Advocate, for respondent. This is the defendant’s petition against the order passed by learned Civil Judge (Junior Division), Court No. III, Shimla rejecting the application under Order 8 rule 1 (A) (3) read with Section 151 of Code of Civil Procedure for placing on record the additional documents in support of his case. Learned trial Court, after consideration, held that report of expert is nothing but an attempt to fill up the lacuna in evidence at a late stage. I cannot persuade myself to accept the findings of court below as it has not applied its mind to the facts of the case. It has not elaborated as to in what manner nor clarify in what way the defendant wants to fill up any alleged lacuna. The evidence of defendant is still to be examined. As the dispute relates to the determination of boundaries etc. the documents i.e. demarcation report and report of the expert are germane to determine the real controversy between the parties and can be produced at a later stage. Mere production of a document does not constitute substantive proof. In view of the present facts and circumstances of the case, I am of the opinion that the defendant be given a chance to place on record these additional documents. This order will be subject to the defendant/petitioner paying Rs. 1100/- as costs to the plaintiff. This petition is disposed of. July 8, 2008(ms) (Dev Darshan Sud), J.