RAVI NATH TILHARI
Dali Rajamma – Appellant
Versus
Dali Srinivasa Reddy – Respondent
| Table of Content |
|---|
| 1. filing of applications for evidence (Para 3 , 4 , 5) |
| 2. need for original documents for expert signature analysis (Para 8 , 9) |
| 3. illegality in orders outside established law (Para 10 , 11 , 12) |
| 4. application for summoning original evidence (Para 13 , 14) |
| 5. dismissal of civil revision petitions (Para 15 , 16 , 17) |
JUDGMENT :
1. Heard Smt. S.A.V. Ratnam, learned Counsel for the petitioners, appearing through virtual mode.
2. Since all these petitions are inter-related, this Court deems it appropriate to hear these matters together and dispose of the same by way of this common order.
3. The petitioners/plaintiffs filed OS No.1580 of 2016 on the file of the Court of the learned II Additional Civil Judge (Senior Division), Visakhapatnam, for partition of the suit schedule properties. At the stage of arguments, the petitioners/plaintiffs filed IA No.558 of 2024, seeking to send Ex.B1 Unregistered Will, dated 02.07.2014 to expert for comparison of signatures thereon with the contemporaneous signatures of Dalli Appala Reddy available with Andhra Bank, Pithapuram Colony Branch, Visakhapatnam, as the alleged Will was said to be fabricated by forging the signatures of Dalli Appa
Signature comparisons for authenticity must be based on original documents and not photocopies, as the latter lack sufficient detail for reliable analysis.
The court ruled that for handwriting comparison under Section 45 of the Evidence Act, contemporaneous signatures are necessary; reliance on outdated documents is insufficient.
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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