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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Saraji Manjula – Appellant
Versus
Vulli Yadavva W/o Late Mallaiah – Respondent
ORDER :
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order in IA.No.96 of 2023 in IA.No.480 of 2022 in OS.No.565 of 2022, dated 17.03.2023 passed by the Principal Junior Civil Judge at Husband, where under the application filed by the sole respondent under Section 45 of Indian Evidence Act came to be allowed.
2. Petitioner is the respondent-plaintiff and the respondent is the petitioner-defendant in IA.No.96 of 2023.
3.1. Respondent-petitioner has filed IA.No.96 of 2023 in IA.No.480 of 2022 in OS.No.565 of 2022 to send the alleged Agreement of Sale, dated 25.06.2022 with the admitted specimen signatures along with written statement, counter, and vakalath to the Handwriting Expert.
3.2. It is stated in the affidavit that the alleged Agreement of Sale, dated 25.06.2022 is not executed by her (respondent herein) at any point of time in favour of the respondent therein (petitioner herein).
4. Petitioner-respondent has filed her counter in the above said I.A. and contended that the sole evidence of Handwriting Expert is not normally sufficient and the comparison of signatures in the disputed document is to be sent at the commencement
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
The validity of handwriting expert opinions in signature verification hinges on the availability of reliable, contemporaneous signatures from the defendants for comparison.
Pre-trial submission for handwriting expert analysis does not have a fixed timeline under the Indian Evidence Act.
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