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C. S. DIAS
Joseph @ Joby Augustine, S/o. Augustine – Appellant
Versus
Bobby Augustine, S/o. Augustine – Respondent
JUDGMENT :
The original petition is filed challenging the order in I.A No.1/2022 in O.S 487/2010 (Ext.P7) of the Court of the Munsiff, Taliparamba.
2. The petitioners are aggrieved by the rejection of Ext.P6 application filed by them to send Ext.P3 'Will' dated 16.12.2009 executed by Olikkal Pallath Augusty, for expert opinion to the Central Forensic Science Laboratory, Hyderabad. The petitioners have contended that the court below has erred in dismissing Ext.P6 application by the impugned Ext.P7 order. Hence the original petition.
3. Heard; Sri. V.T. Madhavanunni, the learned counsel appearing for the petitioners.
4. It is an undisputed fact that the 'Will' was executed by Olikkal Pallath Augusty on 16.12.2009. On the request made by the petitioners, the 'Will' was sent to the Regional Forensic Science Laboratory, Police Department, Government of Kerala, Kannur, who by Ext.P5 report dated 26.12.2017 concluded that in the absence of sufficient standard writings and signatures of the executant, a thorough evaluation of the writing habits of the executant was not possible. Nonetheless, it was observed that with the available evidence, it can be concluded that the writer of the standard w
Expert evidence is not conclusive proof and must be scrutinized by the court; it serves as corroborative evidence that can be challenged but not dismissed without valid reasons.
Expert opinions are not conclusive and must be supported by substantive evidence; courts have discretion in allowing further expert evaluations.
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