DUBBAKA KARUNASREE Vs. DUBBAKA RAVI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dtd. 2/8/2022 in I.A.No.422 of 2019 in O.S.No.35 of 2014 by the Court of Principal District and Sessions Judge, Jangoan. The petitioners are the defendants No.1 and 2 in the suit filed by the plaintiff i.e., respondent No.1 herein.

(2.) Brief facts leading to the filing of the present revision petition are that the respondent No.1 has filed a suit for partition and separate possession against the petitioners as well as respondent No.2 herein. The written submissions was also filed and the plaintiff got the evidence marked in his favor. Ex.A65 is a memory card (CD) containing the recording of the conversation of the plaintiff with the husband of the defendant No.1, in which he is alleged to have made certain admissions with regard to the partition of the suit schedule property. The petitioners herein have filed I.A.No.422 of 2019 seeking demarking/rejection and eschew of the evidence of Pw.1 from the records with regard to the said Ex.A65. The objections taken by the petitioners were that the evidence has been marked in the absence of the counsel for the defendants in the suit and that since the evidence is in the form of a CD, it has to be submitted along with a petition under Sec. 65-B of Indian Evidence Act, whereas the CD has been marked without any petition and hence has to be demarked and rejected.

(3.) It is further submitted that the CD did not contain any recording and also did not accompany the certificate about the date and time of recording and that it is also not filed along with a certificate to the effect that it was not edited nor morphed nor altered.