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B. V. L. N. CHAKRAVARTHI
Ainampudi Lalitha Prasad, S/o. Sarveswara Rao – Appellant
Versus
Gonela Subramanyam, S/o. Venkataratnam – Respondent
ORDER :
Heard Sri Chandra Sekhar Ilapakurti, learned counsel for revision-petitioner/respondent/defendant and Sri Venkat Challa, learned counsel for respondent/petitioner/plaintiff.
2. Applications in I.A.Nos.241, 242 and 243 of 2015 are filed by the respondent/petitioner/plaintiff under Section 45 of the Evidence Act, 1872 to obtain handwriting of revision-petitioner/ respondent/defendant and send the disputed signatures on the promissory note to the Handwriting Expert for comparison with the admitted signatures and give opinion.
3. The Trial Court ‘Allowed’ the applications on 21.04.2015, though the revision-petitioner/respondent/defendant raised objection that the signatures on photocopy cannot be compared with the signatures available on disputed documents.
4. The learned counsel for revision-petitioner would submit that the respondent/petitioner/plaintiff did not take any steps to get original of the photocopy filed in the Court to send the original to the Expert for comparison of the handwriting and signatures available on a photocopy cannot be made by an Expert. In support of his arguments, he relied upon the Judgment of this Court in Bheri Nageswara Rao vs. Mavuri Veerabhadra R
Signatures available on a photocopy are not fit for comparison and no purpose would be served by sending the photocopy to an Expert.
Parties have the right to request the court to compare signatures or file an application to send the document to an expert for comparison when disputing a signature, as provided under Sec. 45 and Sec....
The main legal point established in the judgment is the importance of expert opinions on identity of handwriting and the comparison of signatures, as provided under Section 45 and Section 73 of the I....
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