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B. S. BHANUMATHI
Perumallapalli Subhasekhar – Appellant
Versus
Namburi Mukherji Victor – Respondent
ORDER :
1. C.R.P. No. 601 of 2023 is filed under Article 227 of Constitution of India against the order, dated 18.10.2022, allowing the petition in I.A. No. 245 of 2022 in O.S. No. 4 of 2015 on the file of the Court of VI Additional District and Sessions Judge, Krishna at Machilipatnam, filed under section 45 of Indian EVIDENCE ACT , seeking to send the disputed signatures of the petitioner/defendant on the alleged contract of sale, dated 26.03.2013, to the government handwriting expert for comparison of his admitted signatures available on record.
2. C.R.P. No. 602 of 2023 is filed under Article 227 of Constitution of India against the order, dated 18.10.2022, allowing the petition in I.A. No. 269 of 2022 in O.S. No. 4 of 2015 on the file of the same Court, filed under section 151 of Code of Civil Procedure, seeking to order to send for the documents having signatures of the petitioner, i.e. in Pension Payment Order book from the Sub-treasury Officer, Sub-treasury Office; specimen signatures of the petitioner from the State Bank of India, Main Branch, Machilipatnam, vide A/c. No. 10021533837; documents having specimen signatures of the petitioner from the Indian Overseas Bank, Mach
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
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....
The validity of handwriting expert opinions in signature verification hinges on the availability of reliable, contemporaneous signatures from the defendants for comparison.
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