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2018 Supreme(AP) 698

D.V.S.S.SOMAYAJULU
Mutchi Sanni Babu – Appellant
Versus
Melastri Atchem Naidu – Respondent


Advocates Appeared:
For the Appellant :M. Rammohan, Advocate.
For the Respondent:G. Ramagopal, Advocate.

JUDGMENT :

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 Section 45-A of the Indian Evidence Act read with Section 151 of the Civil Procedure Code 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/- 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 hi










































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