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2023 0 Supreme(AP) 96 : Applications under Section 45 of the Indian Evidence Act, 1872 can be filed at any stage of the proceedings, including during arguments, and there is no fixed time for filing such applications. The court has discretion to consider such applications depending on the facts and circumstances of each case. This principle is supported by the judgment in Janachaitanya Housing Limited, Hyderabad v. Divya Financiers, Guntur, (2008) 4 ALD 339, which held that no time could be fixed for filing applications under Section 45, and the discretion lies with the court to exercise it when exigencies so demand. Additionally, the Full Bench of the Andhra Pradesh High Court in Bande Siva Shankara Srinivasa Prasad v. Ravi Surya Prakash Babu, (2016) 2 ALD 1, reiterated that there is no hard and fast rule about the stage of proceedings when an application under Section 45 can be filed, and it is within the court''''s discretion to decide based on the individual facts and circumstances of the case.Checking relevance for Immortal Infrastructure Pvt. Ltd. VS Lookwell Life Space Pvt. Ltd. ...

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2022 0 Supreme(AP) 657 : An application under Section 45 of the Indian Evidence Act, 1872 can be filed at any stage of the proceedings, including even at the stage of arguments, if the circumstances of the case so demand. The discretion of the Court to deal with such an application cannot be controlled by hard and fast rules. This principle was affirmed in Janachaitanya Housing Ltd. v. Divya Financiers, 2008(3) ALT 409 (D.B.), and has been upheld by the Full Bench in Bande Siva Shankara Srinivasa Prasad v. Ravi Surya Prakash Babu, where it was held that there is no fixed time for filing such applications, and the Court''''s discretion must be exercised based on the individual facts and circumstances of the case.Checking relevance for Aduri Das VS Manojit Kumar Das...

2024 0 Supreme(Cal) 228 : An application under Section 45 of the Indian Evidence Act, 1872, can be filed at any stage of the proceedings to obtain expert opinion, including for comparison of Left Thumb Impressions (LTIs). The court has the power under Section 73 to order such comparison, and while the application may be made at any stage, the court may consider the delay in filing and require the applicant to compensate the other party for costs incurred due to the delay. The application is not barred by delay if the delay is compensated by payment of costs.Checking relevance for Abdul Gafoor VS R. Govinda Reddy...

2023 0 Supreme(AP) 194 : The document states that there is no fixed time for filing applications under Section 45 of the Indian Evidence Act for sending disputed signatures or writings to a handwriting expert for comparison and opinion. Such applications shall be left open to the discretion of the court, to be exercised depending on the facts and circumstances of each case. The court may consider such applications at any stage of the proceedings, including when the suit is coming up for arguments after the entire trial, as long as exigencies so demand. This principle was affirmed by the Full Bench of the court in the case of Bande Siva Shankara Srinivasa Prasad vs. Ravi Surya Prakash Babu and Ors., which held that the stage of filing an application under Section 45 is not rigidly fixed and remains within the judicious discretion of the court based on the individual facts and circumstances of the case.Checking relevance for Chinnadurai VS Akkumari...

2021 0 Supreme(Mad) 3232 : The document states that the view expressed by the Division bench in Janachaitanya House Ltd. Vs. Divya Financiers, 2002 (3) ALT 409 (DB), as to the stage of the proceedings when an application can be moved by a party under Section 45 of the Indian Evidence Act, 1872, continues to hold the field and there is no necessity for the Full Bench to address that issue. This indicates that the established legal position, as per the Division Bench decision, governs the stage at which an application under Section 45 can be filed, and no change has been made by the Full Bench.

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Stage for Filing Applications under Section 45 and 73 of the Indian Evidence Act

Application Stage for Section 45 Applications under Section 45 can be filed at various stages of the trial, including before or after the presentation of written statements, during the course of evidence, or even at the stage of arguments. The key requirement is that the application is made when the need arises, particularly when a party seeks expert opinion on handwriting, signatures, or seals. Several cases (e.g., 2023 Supreme(Online)(AP) 22591, 2023 Supreme(Online)(AP) 23486, 2023 Supreme(Online)(AP) 524, 2023 Supreme(Online)(AP) 525) emphasize that Section 45 applications are permissible at any stage, and the court's discretion depends on the facts of each case.
Main Point: No specific stage is mandated; applications can be filed during evidence or arguments if necessary (e.g., 2023 Supreme(Online)(AP) 22591, 2023 Supreme(Online)(AP) 525).
Insight: Filing at the argument stage is sometimes viewed as an attempt to delay, but legally permissible (e.g., R.V. Raveendran case).
Application Stage for Section 73 Applications under Section 73 are typically made when the court itself needs to compare signatures or handwriting, or when expert opinion is required to determine the genuineness of disputed signatures or documents. Such applications are usually made during the evidence stage, especially when the court considers comparing signatures or seeking expert analysis (e.g.,
ANNAPPA MARUTI MAGADUM vs KARNATAKA MULTIPURPOSE SOUHARD SAHAKARI LTD, CHIKODI - Karnataka (2021)
, 2025 Supreme(Online)(HP) 8145).
Main Point: Section 73 applications are generally made during the evidence stage, often when the court opts to compare signatures itself or seeks expert opinion.
Insight: The court has the power to compare signatures either directly or through expert opinion, but the timing depends on the case’s facts and procedural stage (e.g.,
ANNAPPA MARUTI MAGADUM vs KARNATAKA MULTIPURPOSE SOUHARD SAHAKARI LTD, CHIKODI - Karnataka (2021)
, 2025 Supreme(Online)(Tel) 20132).
Additional Points
The courts have discretion under Sections 45 and 73 to call for expert opinions or compare signatures (2025 Supreme(Online)(HP) 8145, 2025 Supreme(Online)(Tel) 20132).
Filing at the pre-mature or late stages is subject to judicial discretion, but nothing prevents filing during arguments if justified (2023 Supreme(Online)(AP) 22591, 2023 Supreme(Online)(AP) 525).
The power to compare signatures under Section 73 is independent but often used in conjunction with Section 45, which deals with expert opinions (2025 Supreme(Online)(HP) 8145).

Conclusion

Applications under Section 45 can be filed anytime during the trial, including before, during, or after evidence, even at the argument stage if necessary. Similarly, Section 73 applications are typically made during the evidence stage when the court or parties seek to compare signatures or seek expert opinion. The timing largely depends on the case’s circumstances and the discretion of the court.

Timeline Flexibility for Section 45 and 73 Evidence Act Handwriting Expert Applications

Latest Judgments on Section 45 & 73 Evidence Act Applications

In legal proceedings, particularly those involving disputed documents, handwriting, or signatures, the Indian Evidence Act, 1872 plays a pivotal role. Questions often arise about the appropriate timing for seeking expert opinions or court-directed comparisons. A common query is: Latest Judgements on Section 27 Evidence Act. However, recent judicial interpretations have extensively clarified the scope of Sections 45 and 73, which deal with expert opinions on handwriting/signatures and court powers for comparison, respectively. These provisions allow applications at various trial stages, guided by judicial discretion.

This blog post delves into the latest judgments, key legal findings, and practical insights to help understand when and how such applications can be filed. Note that this is general information based on case law and not specific legal advice—consult a qualified lawyer for your case.

Understanding Sections 45 and 73 of the Indian Evidence Act

Section 45 permits courts to consider opinions from experts, such as handwriting analysts, on matters like signatures or writings. Section 73 empowers courts to compare disputed handwriting or signatures with admitted specimens.

Courts have ruled that applications under these sections are not rigidly time-bound. The main legal finding from recent judgments is that they can be filed at various stages of a trial, including during the pendency of the suit, evidence stage, or even arguments, subject to the court's discretion and case circumstances. 2022 0 Supreme(AP) 657

Key Principles from Landmark Judgments

No fixed timeline: No time could be fixed for filing applications under Sec. 45 of the Indian Evidence Act for sending the disputed signature or writings to the handwriting expert for comparison and opinion and same shall be left open to the discretion of the court; for exercising such discretion when exigencies so demand, depending upon the facts and circumstances of each case. 2022 0 Supreme(AP) 657
Judicial discretion is paramount: Courts emphasize flexibility, even with time gaps. The Court is however not barred from sending the disputed handwriting/signature for comparison to an expert merely because the time gap is long. 2022 0 Supreme(AP) 657
Broad application stages: Applications may be entertained before trial, during evidence, or at arguments if justified. 2023 0 Supreme(AP) 96

Detailed Analysis: Applications Under Section 45

Section 45 applications seek expert opinions on handwriting or signatures, crucial in forgery or authenticity disputes.

Timing flexibility: A Full Bench decision clarified that such applications can be filed at any stage, including post-evidence. For instance, the application in question was filed after the completion of evidence, indicating that such applications can be filed at different stages depending on the case. 2022 0 Supreme(AP) 657
Circumstances matter: Courts assess necessity, such as establishing forgery. Mere delay isn't a bar if justified.

In a related case, the court upheld the power to refer documents for forensic analysis under Section 45, even alongside witness testimony. 2023 Supreme(Online)(KER) 12363

Another judgment reinforced that while admission of a signature by a witness doesn't preclude judicial scrutiny, courts should first compare under Section 73 before expert referral. The petition was partly allowed, directing signature comparison. 2023 Supreme(Online)(KER) 12363

Detailed Analysis: Applications Under Section 73

Section 73 grants courts inherent power for direct comparison, often invoked alongside or independently of expert opinions.

Inherent court power: The Court has ample power under Section 73 of the Indian Evidence Act, 1872 to compare the signatures and thumb impressions out of the record. 2023 0 Supreme(AP) 96
Stage-agnostic: Applications can be made during trial or post-evidence. It is essentially within the judicious discretion of the Court, depending on the individual facts and circumstances of the case before it, to seek or not to seek expert opinion. 2022 0 Supreme(AP) 657

Courts have stressed that Section 73 comparison is a preliminary step, emphasizing its importance before expert involvement. 2023 Supreme(Online)(KER) 12363

Integrating Recent Judgments and Exceptions

Recent cases highlight judicial caution against misuse:

Discretion against delay: While permissible at any stage, applications at late stages (e.g., fag-end of proceedings) require strong justification to avoid protracting litigation. In a civil revision petition, the court dismissed an application filed without valid reasons for delay, noting: the court retains the discretion to allow petitions for expert opinions based on the facts and circumstances of each case, but should not allow applications filed at a belated stage without justification. 2024 Supreme(Online)(AP) 19972
Good faith requirement: There is no bar to file such application at any stage, but discretion must be exercised judiciously. Dismissal was upheld due to lack of justification. 2024 Supreme(Online)(AP) 19962
Not for vexation: Courts won't permit applications to prolong proceedings unnecessarily.
Applications
must be made in good faith and without undue delay to prevent vexatious prolongation of proceedings. 2024 Supreme(Online)(AP) 19962

Additionally, under Section 73, courts aren't bound by expert opinions and can weigh other evidence. 2021 0 Supreme(Mad) 3232

Exceptions and Limitations

No strict time limit, but delays must be explained.
Influence of proceedings stage: Flexibility exists, but late filings face scrutiny.
Avoid protraction: Expert opinions aid complex cases but aren't for stalling.

Practical Recommendations for Litigants

To maximize success:- File early, ideally during evidence, but justify timing if later.- Highlight relevance, availability of specimens, and case facts.- Anticipate opposition on delay; provide affidavits or reasons.- Combine with Section 73 requests for comprehensive approach.

Judicial discretion considers factors like time gaps, admitted documents, and trial progress. 2022 0 Supreme(AP) 657 2024 Supreme(Online)(AP) 19972

Key Takeaways

Applications under Sections 45 and 73 enjoy staging flexibility—from pre-trial to arguments—per recent judgments. 2023 0 Supreme(AP) 96 2022 0 Supreme(AP) 657
Judicial discretion rules, prioritizing case-specific justice over rigidity.
Justify necessity and timing to counter delay claims.
Courts balance expert aid with efficient adjudication, cautioning against abuse. 2024 Supreme(Online)(AP) 19962

In summary, while the query references Section 27, the evolving jurisprudence on Sections 45 and 73 provides critical guidance for document disputes. These provisions empower courts to ensure fair verification without procedural straitjackets. For tailored advice, engage legal professionals familiar with your jurisdiction's nuances.

References:1. 2023 0 Supreme(AP) 96: Discretion under Sections 45/73 at various stages.2. 2022 0 Supreme(AP) 657: No fixed time; discretion-based.3. 2021 0 Supreme(Mad) 3232: Power under 73, not bound by experts.4. 2023 Supreme(Online)(KER) 12363: Comparison under 73 before experts.5. 2024 Supreme(Online)(AP) 19972: Permissible but not for delay.6. 2024 Supreme(Online)(AP) 19962: No bar, but judicious exercise.

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