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MRIDUL KUMAR KALITA
Md. Shamsul Hoque, S/o-Late Rustom Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. A.R. Sikdar, learned counsel for respondent No. 4 as well as Mr. K.K. Bhattacharjee, learned Government Advocate, Assam for the remaining respondents.
2. This application under Article 227 of the Constitution of India has been filed by the petitioner, Md. Shamsul Hoque, impugning the order dated 29.04.2023, passed by learned Civil Judge, Barpeta, in the T.A. No. 02/2022, whereby the prayer of the present petitioner for examination of thumb impression of respondent No. 4 on the sale deed (Exhibit-4) by forensic experts was rejected.
3. The facts relevant for consideration of the instant revision petition, in brief, are as follows: -
The court ruled that additional evidence at the appellate stage is only permitted under exceptional circumstances, emphasizing diligence in trial procedures.
High Court under Article 227 of the Constitution of India cannot assume unlimited prerogative to correct all species of hardship or wrong decisions. It must be restricted to cases of grave derelictio....
The repeated failure to avail opportunities granted by the court to lead evidence can amount to an abuse of process of law and delay the final adjudication of a suit.
A court may compare handwriting under Section 73 of the Indian Evidence Act without requiring expert testimony, provided there is sufficient circumstantial evidence.
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 that the discretion to allow or reject belated applications under Sec. 45 of the Indian Evidence Act lies with the Court, and no hard and fast rule....
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