GOPAL INSWARDAS JAKHOTIYA Vs. VIJAYKUMAR RANULAL JAIN

JUDGEMENT

(1.) This petition challenges the order passed by the learned Civil Judge, Senior Division, Nandurbar, below Exhibit 78 in Special Civil Suit No.11 of 2018, thereby allowing the application filed by the plaintiff for obtaining voice sample of defendant Nos. 4 and 5 and plaintiff, and sending the same to the forensic laboratory.

(2.) Respondent No.1/plaintiff has filed suit for specific performance. Along with the plaint, respondent No.1/plaintiff has filed transcript conversation of respondent No.1/plaintiff with defendant Nos. 4 and 5 in Marwadi language. The defendants have opposed the suit by filing written statement. Defendant Nos.4 and 5 have denied the alleged conversation mentioned in Schedule-A filed along with the plaint.

(3.) Even before framing of the issues, respondent No.1/plaintiff filed application Exhibit-78 seeking directions for taking voice sample of defendant Nos.4 and 5 with the plaintiff and forwarding the same to the forensic laboratory for comparing with the mobile conversation. Defendant No.3 filed say to the said application. Defendant Nos. 4 and 5 have not filed any say. The Trial Court allowed the application and directed the plaintiff and defendant Nos.4 and 5 to give their voice sample and further directed to forward it to the Government Forensic Laboratory, Nashik for verification. The forensic laboratory is directed to give opinion as to whether the voice in Compact Disc of plaintiff and defendant Nos.3 and 4 matches with the voice sample of the plaintiff and defendant Nos. 3 and 4. The petitioners/original defendant Nos. 4 and 5 are aggrieved by this order.