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NAMIT KUMAR
Jai Kissan Beej Bhandar – Appellant
Versus
Abhishek Garg – Respondent
NAMIT KUMAR, J.
1. Instant revision petition has been preferred by the petitioners/defendants under Article 227 of the Constitution of India impugning the order dated 09.10.2018 passed by the Court of learned Civil Judge (Senior Division), Mansa, whereby application filed by the petitioners/defendants seeking direction to the respondent/plaintiff to give his specimen handwriting and signatures for comparison purpose, which were to be got compared from the handwriting expert engaged by the defendants, has been dismissed.
2. Briefly stated, the facts of the case are that respondent/plaintiff filed a suit for recovery of Rs.2,09,008/- (Rs.1,61,700/- as principal amount and Rs.48,008/- as interest) along with pendente lite and future interest @ 12% per annum from the appellants/defendants till its realisation. Petitioners/defendants contested the suit and during the stage of evidence, petitioners filed an application for summoning the handwriting expert for proving the handwriting of the respondent/plaintiff on the note given to the petitioners/defendants by the respondent/plaintiff at Bareilly. Thereafter petitioner/defendant filed another application on 18.09.2018 for taking specimen s
The court can direct a party to provide specimen signatures and handwriting for comparison if there is an admission by the party and no prejudice would be caused by such direction.
The absence of contemporaneous admitted signatures renders a request for handwriting analysis of disputed signatures unjustified, emphasizing the burden of proof on the petitioner.
The discretion of the court to seek expert opinion on disputed signatures is upheld, regardless of time gaps between signatures on different documents.
A party seeking to send a document for expert comparison must provide authentic documents containing admitted signatures; failure to do so results in dismissal of the application.
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