AIR 2011 ANDHRA PRADESH 78 ::(2011) 2 AndhLD 572 ::(2011) 2 ICC 390

Andhra Pradesh High Court

Hon'ble Judge(s): B. Chandra Kumar , J

Evidence Act (1 of 1872) , S.45— Civil P.C. (5 of 1908) , O.26 R.10A— Expert evidence - Sending document for opinion of handwriting expert - Document alleged to be forged and party specifically denied signature or thumb impression on document - Such party should get opportunity of sending document to handwriting expert. When a document is said to be forged and when a party has specifically denied the signature or the thumb impression on that particular document, such party should certainly have an oportunity to send the document to the handwriting expert for comparison of the disputed signatures or the thumb impression with admitted signatures or the thumb impressions. The Court has to examine the entire evidence on record, probabilities of the case including the evidence of the handwriting expert and on critical analysis, it should come to a conclusion. But at the stage of trial of a case, the trial Court must give reasonable opportunity to the parties to adduce evidence. But, where the parties are not diligent or intending to protract the litigation, the Court may pass conditional order imposing suitable conditions.(Para 11) .....