ORDER

1. This petition has been filed under Article 227 of the Constitution of India against the order dated 25.11.2022 (Annexure P/1), passed by the Principal District Judge, Ratlam in RCSA No. 09- A/2025, whereby the application filed by petitioner/defendant under sections 45 and 73 of the Indian Evidence Act, 1872 ( hereinafter referred as ‘the Act’) for sampling of the voice of plaintiff and to get it examined with the call recordings available on record has been rejected.

2. In brief, the facts of the case are that the plaintiff has filed a civil suit for specific performance of contract in which, the plaintiff’s evidence has already been closed, and in the aforesaid proceedings, an application was filed on 25.11.2022, by the defendant during the course of the evidence under sections 45 & 73 of the Act on the ground that after the suit was filed, there was some telephonic conversation between the plaintiff and the father of the plaintiff with the defendant, in which, it can be culled out that the plaintiff has admitted that he was not willing to perform his part of the contract and, therefore, the issue of boundary wall was raised. The aforesaid application has been rejected b