Valmiki J. Mehta, J. (Oral)

CMNo.3921/2013 (U/o 41 Rule 25 & 27 CPC by the appellants)

By this application under Order 41 Rules 25 & 27 CPC the appellant/applicant in this regular second appeal seeks to file transcript of a recorded conversation which took place between the parties when the notices of this second appeal were sought to be got served. In a second appeal, such type of application which is filed, is quite clearly an abuse of the process of law not only because the appeal has to be ordinarily decided as per records of the courts below but also because surreptitiously recording of conversation cannot have any meaning because statements are made many a times off the cuff by any of the parties because it is not intended that the same is to be brought on the judicial record. In any case the records of this case reveal that original plaintiff, and who is the respondent herein is represented by an attorney and which is for the reason that probably the attorney may have purchased rights in the suit property. Therefore, nothing turns on the fact that the original plaintiff would state that she was not interested in coming to the court or that she has no concern with the