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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO
Zahed Shareef, S/o. Ahmed Shareef – Appellant
Versus
Abdul Hasan, S/o. Abdul Qadar – Respondent
ORDER :
J. SREENIVAS RAO, J.
This civil revision petition is filed aggrieved by the orders dated 02.07.2024 passed by the Senior Civil Judge at Kamareddy in I.A.No.292 of 2023 in O.S.No.28 of 2017, invoking the provisions of Article 227 of Constitution of India.
2. The revision petitioner herein is the plaintiff and the respondents are defendants in O.S.No.28 of 2017. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit in O.S.No.28 of 2017 before the trial Court.
3. Brief facts of the case
3.1. The plaintiff filed suit in O.S.No.28 of 2017 on the file of the Senior Civil Judge at Kamareddy seeking partition and separate possession of the suit schedule property and for cancellation of registered agreement of sale-cum-General Power of Attorney document bearing No.2084/2013, dated 12.03.2013 executed by defendant No.1 in favour of defendant Nos.2 and 3. In the said suit plaintiff filed application in I.A.No.292 of 2023 invoking the provisions of Sections 45 and 73 of the Indian EVIDENCE ACT , 1872 (hereinafter referred to as ‘the Act’) to send Ex.A-7 i.e. Mutual Agreement dated 13.01.2012 to the Forensic Science Laboratory for opining that the si
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.
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
Pre-trial submission for handwriting expert analysis does not have a fixed timeline under the Indian Evidence Act.
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