D.V.S.S.SOMAYAJULU,J. - (1.)This Civil Revision Petition is filed questioning the order dated 26.07.2018 in IA No.1390 of 2017 in OS No.57 of 2015 passed by the I Additional District Judge, Vizianagaram. The said Interlocutory Application is filed under Sec. 45-A of the Indian Evidence Act read with Sec. 151 of the Code of Civil Procedure seeking permission to play a conversation recorded in a cell phone and copied on to the pen drive to enable the defendant/petitioner in IA to prove his contention in the suit.
(2.)The suit is filed for recovery of an amount of Rs.15,34,000.00 based on a promissory note. The defendant in the suit took a plea of material alteration in the promissory note. According to him, the sum of Rs.3 lakhs was altered as Rs.13 lakhs in promissory note. According to the averments in the affidavit, just prior to the cross-examination of PW.1/plaintiff, a meeting was held on 12.08.2017 between the plaintiff, defendant and responsible mediators who wanted to settle the dispute. In that meeting, according to the affidavit, the plaintiff admitted that he borrowed a sum of Rs.3 lakhs only and not Rs.13 lakhs. This discussion was purportedly recorded by the petitioner/defendant in his cell phone and copied on to a pen drive, which were filed into the Court. During the course of examination, the defendant's counsel wanted to confront the witness with this conversation and he wanted to play the recorded conversation. This was objected by the learned counsel for the plaintiff. Therefore, the application IA No.1390 of 2017 was filed u/s.45-A of the amended Evidence Act read with Sec. 151 Civil P.C. seeking permission to play the conversation recorded in the cell phone and copied into the pen drive so as to enable the defendant to prove the contentions raised by him. This was opposed by the plaintiff by filing a counter.
(3.)After hearing both the counsel, the lower Court allowed IA No.1390 of 2017 and permitted the defendant to play conversation in the open Court. This order is now questioned in the CRP by the plaintiff in the suit who is the respondent in the said IA.