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IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi, J
Gopal Rout @ Gopal Prasad Rout – Appellant
Versus
Gopi Rout son of Late Girdhari Rout – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioners, learned counsel appearing for the opposite party Nos. 2 and 4 to 8 and learned counsel appearing for the opposite party No.1.
2. The Notice upon the opposite party No.3 is found to be validly served and the notice upon opposite party Nos.9 and 12 have been served through family members which is recorded in the order dated 22.11.2024.
3. Opposite Party Nos.9 to 16 are found to be proforma opposite parties and in view of that the notice upon them have been dispensed with by order dated 22.11.2024.
4. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 24.02.2024 passed by learned Sub-Judge (Sr. Division) – VIII, Deoghar in Original Suit No.129 of 2013 whereby the learned Court has been pleased to reject the petition dated 27.09.2023 filed by the plaintiff under Section 45 of the Evidence Act for examination of the signature of Gajadhar Rout and Shailja Nand Prasad.
5. Mr. Arvind Kumar Choudhary, learned counsel appearing for the petitioners submits that the petitioners are the plaintiffs in the suit which was instituted being Original Suit No.129
The court ruled that for handwriting comparison under Section 45 of the Evidence Act, contemporaneous signatures are necessary; reliance on outdated documents is insufficient.
The validity of handwriting expert opinions in signature verification hinges on the availability of reliable, contemporaneous signatures from the defendants for comparison.
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
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