HEMALATHA Vs. K. VASUNDHARADEVI

JUDGEMENT

(1.) THIS civil revision petition has been filed by the petitioner, challenging the order dated 13.11.2006 made in I.A.No.587 of 2006 in O.S.No.58 of 2004, on the file of the learned I Additional Subordinate Judge, Madurai.

(2.) BRIEF facts of the case are as follows: - The respondent herein has filed the suit in O.S.No.587 of 2006, on the file of the learned I Additional Subordinate Judge, Madurai for specific performance on the basis of a written agreement for sale. The petitioner who is the defendant in the said suit has filed written statement denying the execution of any such agreement in favour of the respondent herein. The respondent/plaintiff and the husband of the respondent were examined as P.W.1 and P.W.4 and few more witnesses were also examined on the side of the respondent. It is stated that during cross examination, P.W.4 has admitted that on an earlier occasion on 10.11.2003, he had given a statement to the Inspector of Police, Central Crime Branch, Unit I, Madurai in connection with the petition given by the petitioner herein on 10.11.2003. In the said petition it is alleged to have been stated that her signature was obtained by force in many blank stamp papers by P.W.4 and one such stamp paper has been utilised for the purpose of preparing the sale agreement to file the above suit in O.S.No.58 of 2004.

(3.) THEREAFTER , the petitioner herein has filed an application in I.A.No.587 of 2006, to direct the Inspector of Police, Crime Branch Unit I, Madurai to produce the complaint and the statement given by P.W.4 to the Inspector, which was reduced into writing by him to be used in evidence.