and the contract was never in existence. We have noted that the contract was already concluded prior to the death of the policy holder Shri Narendra Kumar Modi, if the opponent were and are C.A. No.270 of 2012 Page 25 of 35in possession of the documentary evidence to prove that the decision to accept the proposal was taken by the opponent on 15.07.1996, then definitely, the opponent would have produced oral or documentary evidence to prove the said facts as this is a crucial point, but the opponent has not taken . any action to produce oral or documentary evidence oat this point i.e. only defense of the opponent in the written statement which amounts to crush the object of LIC act and other prevailing act to give protection and risk coverage………………………………………………… ……...………………………The opponent have not produced their own record to prove that after the receipt of the proposal and cheque of premium of Rs3388/- dated 09.07.1996, the decision to accept the proposal was not taken on 09.07.1996 or