MURUGESAN Vs. ARUMUGHAM

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal orders dated 04.10.2016 in I.A.No.1433 of 2012 in O.S.No.539 of 2010 on the file of the Principal Subordinate Judge, Tiruppur.

(2.) The petitioner is the plaintiff and the respondents are the defendants in the suit in O.S.No.539 of 2010 on the file of the Principal Subordinate Judge, Tiruppur. The petitioner/plaintiff filed the above suit against the respondents/defendants for partition. The respondents/defendants filed written statement and are contesting the suit. The petitioner was examined as PW1 and was also cross-examined. The petitioner examined one Dhandapani as PW2. PW2 was not available for cross-examination on number of occasions. Hence, after taking number of adjournments, the petitioner filed I.A.No.1433 of 2012 to permit him to produce the Audio CD along with the memory card in which the conversation between the PW2 and the 4th defendant on 02.10.2012 is recorded and mark the same as exhibit.

(3.) The petitioner has stated that PW2 had conversation with the 4th defendant in which the 4th defendant had admitted that the petitioner/plaintiff has share in the suit property. The 4th respondent/defendant filed counter affidavit, adopted by the respondents 1, 2 and 3 denying the averments made by the petitioner. It is further stated that the alleged memory card and the audio CD are fabricated one and that PW1 in his chief examination on 16.11.2012 has not whisphered any information or disclosed any materials facts, which is now put forward in the present application.