INDUBALA Vs. ARZOO YADAV

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioners impugning the order dtd. 16/2/2021 passed by learned Additional Civil Judge (Senior Division), Kosli, District Rewari, whereby the application filed by respondent No.1/plaintiff under Order 12 Rules 2 and 3 of CPC for admission and denial has been disposed of by giving necessary permission to the plaintiff to prove the voice recording by way of evidences and petitioner No.1/defendant has been directed to give his voice sample regarding the same as and when required.

(2.) Brief facts of the case are that respondent No.1/plaintiff has filed an application in question by stating that the plaintiffs are owner in possession of property to the extent of 02 kanal 04 marla situated at village Tumna and petitioner No.2/defendant No.2 is close relative and trustworthy person of the plaintiff. On 9/9/2016 defendant No.2 got the sale deed No.992 executed fraudulently from the plaintiff and the same was registered in the office of Sub-Registrar, Kosli on 14/9/2016 without paying any consideration amount as per sale deed and it was assured to the plaintiff that she will get the property back after case is decided and she will receive the consideration amount as and when the property sold again. However, after registration of the sale deed defendant No.2 has become greedy and negotiations took place between them and on 29/5/2017, defendant No.2 executed an affidavit in favour of the plaintiff and it was got attested through Notary Public. Various calls were exchanged between the plaintiff and defendant No.2 and recording of the same has been done in a CD by the plaintiff. Therefore, it was prayed in the said application that defendant No.2 be summoned to admit or deny the affidavit dtd. 29/5/2017 and the recording of the CD and if the defendant denies the same then permission for taking voice sample of defendant No.2 and examination of the same through an expert be given to the plaintiff.

(3.) Reply to the said application was filed by the defendants denying the contents of the application and it was stated that defendant No.1, who was wife of defendant No.2, is bona fide purchaser of the land measuring 02 kanal 04 marla vide registered sale deed No.992 dtd. 14/9/2016 for sale consideration of Rs.6,32,500.00 and it was executed with the free will of the plaintiff. He also denied the meeting or giving of affidavit to the plaintiff. The said application was disposed of by the Court of learned Additional Civil Judge (Senior Division), Kosli vide order dtd. 16/2/2021. Aggrieved against the said order, the petitioners/defendants have filed the instant revision petition.