Mr Prakash @ Shivaprakash v. Mrs Saroja M
Case brief
What is this about?
The High Court allowed a writ petition challenging a trial court order that refused to permit handwriting expert examination of a disputed signature on a memorandum of partition (Ex.D.15). The petitioner, defendant No.3 in a partition suit, sought to prove prior partition through the document, but defendant No.8 disputed his signature on it. The High Court held that the trial court failed to exercise its discretion judiciously by shutting out relevant scientific evidence that could materially assist in adjudicating the plea of prior partition. The court set aside the impugned order and directed the trial court to forward the disputed and admitted signatures to a handwriting/forensic expert for examination, clarifying that the expert opinion would not be conclusive but considered alongside
What did the court decide?
Writ petition allowed; order dated 16.12.2019 set aside; I.A.No.34 allowed; trial court directed to forward disputed and admitted signatures to handwriting/forensic expert for examination and opinion; trial court to consider expert opinion with all evidence and dispose of suit expeditiously.