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NUPUR BHATI
Bhairu Lal – Appellant
Versus
Shankar Lal – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 227. (Para 1) |
| 2. background of tenancy dispute and claims. (Para 2 , 3) |
| 3. dispute over thumb impression authenticity. (Para 4 , 5) |
| 4. board of revenue's revision order challenged. (Para 6 , 7) |
| 5. arguments supporting expert validity. (Para 8 , 9 , 10) |
| 6. counterarguments on expert qualifications. (Para 11 , 12 , 13) |
| 7. court's review of expert opinion. (Para 14) |
| 8. criteria for expert opinion admissibility. (Para 15 , 16 , 17 , 18) |
| 9. writ dismissed; no merit found. (Para 19 , 20) |
JUDGMENT :
(Nupur Bhati, J.)
The present writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-
(ii) The impugned order dated 16.10.2017 (Annex.07) passed by the Revenue Board, Rajasthan, in Revision No.TA/8235/2008/Pali (Shankar Lal v. Bhairulal) may kindly be set aside and quashed,
(iii) The SDO, Sojat, District Pali may kindly be directed to take on record the report dated 25.08.2007 (Annex.04) while considering Case No.86/1998 (Shankar Lal v. Late Shri. Jee
The handwriting expert's opinion is not a perfect conclusive evidence, and filing such an application at a belated stage may lead to multiplying the proceedings without substantial need.
A belated application for handwriting expertise does not constitute fresh evidence and may disrupt the integrity of court proceedings.
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 court established that the right to present expert evidence must be exercised in a timely manner, and failure to do so can result in the dismissal of such applications, especially when sufficient....
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
Courts must obtain handwriting expert opinions in cases involving disputed signatures, ensuring proper determination of authenticity to avoid erroneous judgments.
Expert opinion applications under the Indian Evidence Act can be filed at any stage, and the trial court should not assess document merits before completing the trial.
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