VINIT KUMAR MATHUR
Pola Singh – Appellant
Versus
Firm Babu Singh Bhagwant Singh – Respondent
ORDER
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 26.11.2016 passed by the Debt Recovery Court, Sri Ganganagar, whereby the application preferred by the petitioner-non-applicant under Section 45 of the Evidence Act was dismissed and the order dated 27.02.2019 passed by the District Judge, Sri Ganganagar rejecting the revision petition of the petitioner.
3. Briefly, the facts giving rise to the present writ petition are that the respondent-applicant preferred a suit for recovery of money from the petitioner and during the pendency of the suit, an application was preferred by the respondent-applicant to the effect that the Promissory Note may be got examined from a Handwriting Expert for the purpose of matching the signatures of the petitioner and the respondent. The petitioner filed reply to the said application. Learned trial court after hearing the parties, allowed the application and the Promissory Note/the document in question was sent to one Shri Anil Kumar Gupta, Handwriting Expert for reporting the matter with respect to the matching of the signatures on the document (Promissory Note). After the report was receive
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.
The handwriting expert's report cannot be discarded if it pertains to a relevant aspect of the matter, and the accused has the opportunity to challenge the report.
Any party asserting an issue is entitled under law to bring on record all and any evidence in its power, custody, and possession before the Court to make good its case.
The absence of contemporaneous admitted signatures renders a request for handwriting analysis of disputed signatures unjustified, emphasizing the burden of proof on the petitioner.
A party's right to a fair trial includes the ability to challenge evidence through proper legal procedures, particularly concerning disputed signatures in cheque dishonour cases.
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....
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 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....
Review petitions must be timely and supported by substantive rationale; undue delays in seeking to reopen evidence can prejudice the rights of other parties.
The filing of a review petition and the conduct of the parties in delaying the adjudication of the suit.
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