Smt Santra Devi W/O Shri Bhagchand v. Chandra Prakash S/O Pokhar Lal
Case brief
What is this about?
Rajasthan High Court (Jaipur Bench), S.B. Civil Writ Petition No. 12870/2025, decided 13/10/2025 by Maneesh Sharma, J. Section 45 Evidence Act expert-opinion application on a defendant's signature refused where the plaint itself admitted execution of the sale deed, no issue on the signature was framed, and the plaintiff was silent in evidence; such application treated as a delay tactic; no Article 227 interference. Keywords: expert opinion, handwriting/signature comparison, cancellation of sale deed, Order 9 Rule 7 CPC, delay of suit, writ jurisdiction limits.
What did the court decide?
In the entire plaint the petitioner/plaintiff nowhere averred that the sale deed dated 06.08.2012 does not bear the actual signature of defendant No.2; on the contrary, she categorically stated that the sale deed was executed by defendant No.2 in favour of defendant No.1.