16.The petitioner would also state that the payment is proved by a mere perusal of the statement of account of the petitioner. The cheque was not of the year 2012. In all a new set of pleading has been raised as against the earlier defense that there was no borrowal. Further a perusal of the counter, which has not been refuted by the petitioner, would indicate that after the crossexamination of D.W1, the matter was adjourned on four occasions for further evidence of the defendant/petitioner. Even at this stage, the petitioner has not chosen to file the application for receiving an additional written statement. On the contrary, the petitioner had filed a petition on 24.10.2018 to correct the proof affidavit. This petition has not been processed further. Thereafter, on 20.11.2018, an application for receiving the additional affidavit in I.A.No.753 of 2018 was filed by the petitioner. This petition was posted on 10 occasions for enquiry. Thereafter, on 05.08.2019, the said petition was not pressed and the matter was adjourned to 14.08.2019 for the further evidence of the petitioner. The petitioner has not come forward to adduce further evidence and ultimately, his side evidence was closed on 19.08.2019. Thereafter, the 1st respondent's arguments were heard on 28.08.2019 and when the matter was adjourned to 05.09.2019 for the petitioner's argument, the present petition came to be filed.
