S.P. GOYAL Vs. HARI DUTT DUMRA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial court dated 11.3.2000, whereby the prayer made by the plaintiff- petitioner for getting a certified copy of the statement of Rajinder Gupta, which was tape recorded in the Court as also permission for getting photographs of the signatures of the respondent-defendant was declined.

(2.) AS per facts of the case (which arose out of a suit for specific performance), during the cross examination of PW Rajinder Gupta, it came out that his conversation in which he had admitted that the agreement to sell had in fact not been executed had been tape recorded and the tape had been produced in Court in evidence and was lying in a sealed cover therein. Rajinder Gupta thereafter appeared in Court as a witness on an application made by the defendant and his statement was also tape recorded in Court. It is the case of the petitioner that a certified copy of the tape recording of Rajinder Gupta's statement made in Court ought to be supplied to him, so that his voice could be compared with the voice in the tape recording which had been produced in Court and was lying sealed therein. The trial Court vide impugned order observed that there was no procedure/provision of law whereby a certified copy of a tape recording could be supplied to the petitioner and accordingly dismissed the application on that basis. It is against this order the present petition has been filed.

(3.) I have also considered the second part of the argument with regard to the permission for taking the photographs. It is clear from the impugned order that the petitioner had been given several opportunities earlier to take the photographs but he had failed to do so. No further time can, therefore, be granted for this purpose. On this aspect the application is dismissed. The parties are directed to appear before the trial court on 15.9.2003. Dasti. Petition allowed.