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B. S. BHANUMATHI
Rellu Rambabu – Appellant
Versus
Adapa Srinivasa Rao – Respondent
ORDER :
B.S. Bhanumathi, J.
1. This revision petition is filed under Article 227 of the Constitution of India challenging the order, dated 06.09.2022, dismissing the petition in I.A.No.289 of 2022 in O.S.No.110 of 2015 on the file of the Court of the Senior Civil Judge, Tanuku, filed by the defendants 1 & 2 (defendant No.1 is shown as found missing since 27.10.2014) under Order XXVI Rule 10A CPC read with Section 45 of the Indian Evidence Act, 1872 to send the agreement of sale, dated 13.02.2014, marked as exhibit A1 to a handwriting expert with her admitted signatures for opinion.
2. Heard Sri N. A. Ramachandra Murthy, learned counsel for the petitioners/defendants and Sri Sai Gangadhar Chamarty, learned counsel for the respondent/plaintiff.
3. (a) The 2nd defendant has sworn the affidavit in support of the petition stating that her husband/1st defendant had left the home on 27.10.2014 and since then, he is found missing and his whereabouts are not known and that the suit agreement of sale is forged and fabricated and that she has habit of signing as "Rellu Naga Lakshmi"; but not as "Rellu Sri Naga Lakshmi".
(b) The petition was opposed by filing counter of the respondent/ plaintiff de
Expert opinions on signatures require reliable, contemporaneous documents for comparison; belated applications lack merit.
Pre-trial submission for handwriting expert analysis does not have a fixed timeline under the Indian Evidence Act.
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
The importance of comparing disputed signatures with standard signatures from previous cases to rule out any disguise and escape from liability.
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