TIRUPATHAIAH Vs. SUBBA RAO

JUDGEMENT

(1.) The petitioner is the defendant. He filed the present revision petiton against an order dismissing the petition, I. A. No. 3879 of 1982 in O. S. No. 2832 of 1978 on the file of the Court of the District Munsif, Guntur. The circumstances that led to lay that petition are as follows: The respondent initiated the action for perpetual injunction restraining the petitioner from interfering with bis possession of the plaint schedule property. According to him the petitioner executed an agreemennt of sale in his favour and, in pursuance thereof, he was inducted into possession but yet his possession and enjoyment there of was being unlawfully interfered with by the petitioner. The truth and binding nature of the said agreement was denied by the petitioner and was put in issue. In proof thereof the trial is at progress and P. W. 2, the scribe of it was examined in chief.

(2.) According to the petitioner, there ensued conversation between P.w.2 and another, regarding the circumstances leading to the alleged transaction of agreement of sale and that it wag recorded behind the back of P.W.2 and that this tape was deposited in the Court. It is at variance with the evidence in chief. When the examinaton in chief of P. W. 2 was being continued, the present application was filed under section 151 C. P. C. to permit the petitoner to tape the voice of P.W.2 and evidence while he was being cross-examined in the Court.

(3.) It .was opposed by the respondent. The lower Court dismissed the application holding (1) that there is on specific provision of law to give such a permission. (2) that it amounts to testimonial complusion of the witness: and (3) that it would deter the witness from deposing freely and unhesitatingly.