Chandrakant Govind Dahale v. Vinod Vishanji Dharod and Ors.
Evidence – Admission and exhibit of document
Case brief
What is this about?
Bombay High Court (N. J. Jamadar, J.) dismissed writ petition challenging rejection of application for handwriting-expert examination of rent receipt dated 01.10.1994; document already exhibited vide order dated 03.12.2018 on Exhibit 49 invoking Section 90 Indian Evidence Act presumption; impugned order dated 31.07.2024 of Civil Judge (Senior Division), Thane upheld.
What did the court decide?
Since the rent receipt dated 1st October 1994 had already been admitted in evidence and exhibited by the Trial Court, by ascribing reasons (order dated 3rd December 2018 on Exhibit “49” invoking the Section 90 presumption), the prayer for sending the said document for the opinion of the handwriting expert is plainly unsustainable; there is no infirmity in the impugned order. ¶24