G SHYAMALA RANJINI Vs. M S TAMIZHNATHAN

JUDGEMENT

(1.) THE respondent in HMOP No. 96 of 2004 on the file of sub Court, Mettur, is the revision petitioner herein. The said HMOP was filed for dissolution of marriage by the respondent herein. In the said HMOP, I. A. No. 70 of 2007 was filed by the respondent herein to receive the audio CD, which was allowed by order dated 21. 07. 2007, which is questioned in this revision petition.

(2.) MR. S. V. Jayaraman, learned senior counsel appearing for the counsel for the revision petitioner submitted that the respondent's case is that the petitioner abused in filthy language and threatened the respondent in his cell phone which was recorded in it and re-recorded in audio CD, if so, the cell phone of the respondent could be marked, but the same is not done and produced only the audio cd, which is not a primary evidence; that the audio CD is fabricated one and inadmissible, which was ordered to be taken into evidence by the trial court, hence, the same is liable to be set aside. In support of his contention, the learned senior counsel relied on the decision (J. Yashoda vs. K. Shobha Rani) 2007 (4) TNLJ 228 (Civil) wherein the honourable Supreme Court held thus:-

(3.) MRS. Hema Sampath, learned senior counsel appearing for the counsel for the respondent submitted that the conversation of the revision petitioner have been recorded by the respondent in audio CD, hence, it is incorrect to say that it was recorded originally in cell phone and re-recorded in audio CD; that the Court below ordered to receive the said audio CD, while doing so, it found that the audio CD alone would not prove the case of the respondent; that when the CD is played, the conversation found recorded is concerned, opportunity will be granted to the petitioner herein for cross-examination and Section 65-B of the Indian Evidence Act contemplates that any information contained in electronic record, which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer, shall be deemed to be also a document and in the interest of justice, it warranted to receive the said audio CD. The learned senior counsel relying on the decision reported in (Bipin Shantilal Panchal vs. State of Gujarat and another) (2001) 3 scc 1 submitted that archaic practice is that admissibility of document or other item of evidence as and when objections thereto were raised and then detailed orders were passed either by upholding or overruling the said objections and after passing the orders, the trial court waited for days and weeks for the parties consent to go before higher courts for the purpose of challenging the said interloctuary orders can be avoided and whenever an objection is raised during the evidence collecting stage, regarding admissibility of any material in evidence or other items of evidence, the trial court can make note of such objection and mark the objected document tentatively as an exhibit in the case subject to such objections to be decided at the last stage in the final judgment, hence, this Court may dismiss this revision petition and leave the matter to be decided by the trial court. The relevant portion of the judgment in para -14 of (Bipin Shantilal Panchal vs. State of Gujarat and another) (2001) 3 scc 1 is as follows: