Civil revision petitioner challenged the dismissal of an application for expert opinion on disputed signatures. The High Court held the trial court's decision was reasonable as evidence was concluded and the attesting witness examined, thus dismissing the revision.
The Civil Revision Petition No.2561 of 2013 is dismissed; no costs awarded.
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THE HON’BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No.2561 OF 2013
Dated: 08.08.2013
Between: T.Srisailam Reddy … Petitioner And Syed Ziauddin Ahmed … Respondent
THE HON’BLE Ms. JUSTICE G.ROHINI CIVIL REVISION PETITION No.2561 OF 2013
ORDER:
By the order under revision the Court below has dismissed I.A.No.1777 of 2001 filed by the revision petitioner/plaintiff under Section 45 of Evidence Act with a prayer to send the alleged disputed signatures of the defendant on Exs.A.1 and A.2 for an expert opinion on comparison with the specimen signatures of the defendant obtained in the open Court.
As could be seen from the material available on record, the suit is filed for specific performance of an agreement of sale and the entire evidence is concluded and the suit is now coming up for arguments. It is also relevant to note that the attesting witness of Ex.A.1 has already been examined as P.W.2. Therefore, the Court below held that sending the disputed signatures for expert opinion at this stage is not warranted. The Court below has also assigned sufficient reasons which itself shows that the order under revision came to be passed on application of mind to the facts and circumstances of the case. Such discretion exercised by the trial Court cannot be held to be perverse or illegal on any ground whatsoever. Hence, the interference by this Court is not warranted. Accordingly, the Civil Revision Petition is dismissed. No costs.
Consequently the miscellaneous petitions, if any, pending in the revision petition shall stand closed.
____________
G.ROHINI, J
Date: 08.08.2013
MVA
2 issues framed by the court
Whether the trial court's refusal to send disputed signatures for expert opinion under Section 45 of the Evidence Act at this stage of arguments warrants interference.
Whether the discretion exercised by the trial Court in declining the prayer for expert opinion was perverse or illegal.
1 provisions across 1 enactments
T.Srisailam Reddy
Syed Ziauddin Ahmed
G.ROHINI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
