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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Patta Sathibabu, S/o.(Late) Appala Raju – Appellant
Versus
Akkala Sarve Vijaya Kumar, S/o (Late) Prabhakara Rao – Respondent
ORDER :
V. SUJATHA, J.
These Civil Revision Petitions have been filed by the petitioner/3rd defendant challenging the common order dated 21.09.2023 passed in I.A.Nos.1449, 1450 and 1451 of 2023 in O.S.No.214 of 2014 on the file of Court of the III Additional District Judge, Kakinada, East Godavari district, whereby the trial Court dismissed the said interlocutory applications filed by the petitioner/3rd defendant for reopening the suit for the purpose of sending Exs.A1, A2 and A4 to expert for comparison of signatures of Kommu Simhachalam appearing on the sale deeds with the signature of Kommu Simhachalam appearing on document No.8/2002 i.e. Will, in Book No.3 available in Sub-Registrar's Office, Kakinada.
2. The respondent Nos.1 and 2/plaintiffs have filed the aforesaid suit against the defendants with the following prayer:
“1) declare that the sale deed 14-2-2012, which was registered as document No.1259 of 2012 stands in the name of 1st defendant for item No.1 of the plaint B schedule property and the sale deed there under obtained by the 2nd defendant dated 28-3-2013, which was registered as document No.3604 of 2013 in sub registrar's office Kakinada for item No.1 of the plaint B s
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
Pre-trial submission for handwriting expert analysis does not have a fixed timeline under the Indian Evidence Act.
Expert opinion – Power to seek expert opinion under Section 45 of Evidence Act, 1872 is discretionary and depends on facts of each case – Courts can refuse expert opinion only when no doubt exists re....
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