THIMME GOWDA P. R. Vs. V. RAMACHANDRA

JUDGEMENT

(1.) Present petition is filed by legal representatives of defendant No.1 aggrieved by the order dtd. 28/9/2022 passed on I.A.31 filed under Order XVIII Rule 17 and I.A.32 filed under Sec. 151 of CPC in O.S.No.48/2013 on the file of Senior Civil Judge and JMFC, Hiriyur by which the trial court rejected the said applications.

(2.) By the aforesaid applications legal representatives of defendant sought production of transcription of conversation along with compact disc containing said conversation that had purportedly taken place between defendant and one Gangadhar who was the attesting witness to the agreement of sale and who has also been examined as PW-2. Said application I.A.32 was objected to by the plaintiff on the premise that defendant was not entitled to seek production of said document at a belated stage and that the defendant had not complied with statutory requirement mandated for production of electronic evidence. That similar application had been filed earlier and same having been rejected, defendant had no right under law to file such application.

(3.) Trial court by impugned order rejected said applications and being aggrieved by the same petitioners are before this court.