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2020 Supreme(P&H) 1601

REKHA MITTAL
Om Parkash – Appellant
Versus
Som Nath – Respondent


Advocates Appeared:
Mr. Gagandeep Singh Sirphikhi, Advocate, for the Appellant

JUDGMENT

Rekha Mittal, J. (Oral). - Challenge in the petition has been directed against order dated 27.01.2020 (Annexure P7) passed by the Civil Judge (Junior Division), Derrabassi whereby application filed by the petitioners/plaintiffs for directing Malkeet Ram (DW4) to provide his voice sample for the purpose of comparing the same with conversation recorded by petitioner No. 4, purportedly taken place between petitioner No. 4 and Malikat Ram (DW4) has been rejected.

2. Counsel for the petitioners would argue that Malkeet Ram (DW4) was examined by the respondents/defendants to counter case of the petitioners/plaintiffs seeking declaration qua sale deed executed and registered on 30.05.2008 in favour of the respondents in respect of land measuring 02 bigha 09 biswa 18-3/4 biswasi being 1/16 share out of total land measuring 39 bigha 19 biswa, detailed in head note of the plaint. It is further submitted that there was conversation between petitioner No. 4 and Malkeet Ram (DW4) wherein he admitted that the aforesaid sale deed was without sale consideration and the same was recorded in 'compact disc 1 (CD) mark PA. During cross examination of DW4, the recorded conversation was played i

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