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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Alaksani Sridhar Babu – Appellant
Versus
Kampa Thirupathaiah – Respondent
| Table of Content |
|---|
| 1. expert analysis requested pre-trial. (Para 2 , 3 , 4 , 10) |
| 2. disputed signatures require expert assessment. (Para 5 , 8) |
| 3. court's dismissal reasons found unsustainable. (Para 9 , 11) |
ORDER:
RENUKA YARA, J.
Heard Sri M.Damodar Reddy, learned counsel for the revision petitioner. Though notice is served on the respondent, none appeared on behalf of the respondent. Perused the record.
2. This Civil Revision Petition is filed aggrieved by the impugned order dated 22.03.2024 passed in I.A. No.317 of 2023 in O.S. No.36 of 2019 by the learned Senior Civil Judge at Nagarkurnool, wherein, the petition filed under Section 45 of the Indian Evidence Act, 1872 (for short, ‘the Act’) for sending the signature of the petitioner/defendant on suit agreement of sale and koulu bhoomi oppandamu along with the admitted signatures to a handwriting expert for analysis, has been dismissed.
3. The brief facts giving rise to the filing of the present revision petition are that the respondent/plaintiff has filed a suit in O.S. No. 36 of 2019 for specific performance of agreement of sale dated 09.07.2017 for a direction to the revision petitioner/defendant to execute a registered sale deed with
Pre-trial submission for handwriting expert analysis does not have a fixed timeline under the Indian Evidence Act.
The main legal point established in the judgment is the importance of expert opinions on identity of handwriting and the comparison of signatures, as provided under Section 45 and Section 73 of the I....
Expert opinions on signatures require reliable, contemporaneous documents for comparison; belated applications lack merit.
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
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