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1987 Supreme(Ker) 345

PADMANABHAN
SAVITHRI – Appellant
Versus
SREENIVASAN – Respondent


Judgment :-

1. PW2 refused to sign his deposition on the ground that one answer was not correctly recorded. The Munsiff who recorded the deposition was also satisfied that there is the particular mistake in recording. But the Munsiff did not correct the mistake on the ground that the Advocate for the defendant did not agree. The case which was pending before the Additional Munsiff was thereafter transferred by the District Judge to the file of the Principal Munsiff on the application of the plaintiff. Subsequent to that the plaintiff moved under 0.18 R.17 to recall and examine PW2. The application was allowed for the limited purpose of examining the witness again with reference to the particular answer alone. That is the order challenged by the defendant in revision.

2. Court has a duty to read over the depositions to witnesses and ascertain from them whether it has been truly and correctly recorded If there is any mistake in recording, and the presiding officer is satisfied that there is such a mistake, it is his duty to correct the same. Deposition must be a true record of what the witness deposed. There can be instances where witnesses may dispute the correctness even when the de





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