IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR
Sunita – Appellant
Versus
Parmjeet Kaur – Respondent
| Table of Content |
|---|
| 1. hearing of parties in court proceedings. (Para 1) |
| 2. dispute over issuance and authenticity of rent receipts. (Para 2 , 3 , 4) |
| 3. previous case law emphasizing expert opinions in handwriting analysis. (Para 5 , 6) |
| 4. arguments regarding the validity of signatures and authority. (Para 7 , 10 , 11) |
| 5. fact of death of harbhajan kaur. (Para 8 , 9) |
| 6. court's need for expert opinion in signature verification. (Para 12 , 13) |
| 7. court's directive for proceeding with handwriting expert. (Para 14) |
| 8. conclusion of the court's decision. (Para 15) |
JUDGMENT :
AJIT KUMAR, J.
1. Heard Sri Namman Raj Vanshi, learned counsel for the revision applicant and Sri Hemant Kumar, learned counsel for the landlady/respondent.
2. This S.C.C. Revision is directed against the order passed by the Judge, Small Causes namely the Additional District and Sessions Judge, Meerut rejecting misc. application filed by the tenant/petitioner bearing paper no. 158-C2 seeking for handwriting expert opinion in respect of the disputed receipts bearing paper no. 33-C as according to the stand taken by the tenant the receipt against rent were used to be issued by the son of erstwhile landlady Harbhajan Kaur namely Sar

Courts must obtain handwriting expert opinions in cases involving disputed signatures, ensuring proper determination of authenticity to avoid erroneous judgments.
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 has the authority to compare signatures without expert opinion under Section 73 of the Indian Evidence Act.
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....
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