About handwriting expert
Selva Kumar
(Querist) 06 September 2011
This query is : Resolved
Seniors & Friends,
I am a junior advocate
i contest the suit for recovery of money on promissory note, where i appeared for plaintiff
in which defendant plead that the suit pronote is rank of forgery and he disputed his signature
hence he filing a petition to send the suit pronote to handwriting expert, where i filed a counter as that i have no objection, even though the court dismissed the petition, later the court pronounced judgment as that court itself compare the disputed signature with non-proved document and dismissed the suit as that pronote is rank of forgery
kindly clarify whether court have power to compare the dispute signature, even i made no objection to send the document handwriting expert
Pls kindly post the model of 1st civil appeal
Isaac Gabriel
(Expert) 06 September 2011
The only course available is to go in for appeal.
Guest
(Expert) 06 September 2011
if the court denied the application of the expert for the other and you are sure than you could also file the application for the same and which is most likely to be allowed and now the remedy available is the appeal in this case.
Advocate. Arunagiri
(Expert) 06 September 2011
I am reproducing the portion of the Supreme court judgement. As per this, the court can not compare the signature, but, ought to send it to the handwriting expert.
Need of the Expert opinion (1979) 2 SCC 158 – para 30, 33, 35.
Para 30:- “it is therefore, not advisable that a Judge should take upon himself the task of comparing the admitted writing with the disputed on to find out whether the two agree with each other and the prudent course is to obtain the opinion and the assistance of an expert.
Para 33:- “for the ends of justice, on its own motion, call an expert witness; allow him to compare the sample writing ....”
Para 35:- “send the writing ...... to a senior Government Expert ...........for Comparison .........and then examine him as a court witness.
Dr Anil Kumar Singh
(Expert) 06 September 2011
I agree with experts. The verdict as ref by Expert Arunagiri is crystal clear in self. Go for an appeal .
prabhakar singh
(Expert) 06 September 2011
Expert : Advocate. Arunagir has guided you well.
I would like to state that when pronote /promissory note,is there and signature is in dispute as not admitted by the defendant then plaintiff is under initial burden to prove it and that burden stands discharged the moment he and his witness states on oath that
"I have seen signing and writing defendant and do recognize his signature and writing and the signature on promissory note put forward before me does bear his signature/or made before me"
After so much burden shifts on the defendant to prove that document in dispute does not bear his signature.
In practice anticipating that plaintiff will prove by witnesses, defendant moves an application for expert opinion which is invariably allowed by court (dis allowed in your case despite no objection from you)then to rebut expert opinion plaintiff also proposes to bring expert opinion which is also allowed where after both experts are examined and cross examined by parties.
After evidence is concluded by either party
finding expert opinion on either side, a question arises which side of expert opinion to be given weight and accepted ??for that it is said then between two experts the court s' role is that of umpire and it leans towards the opinion of the side which on conclusion of evidence has greater probability of facts to exist.
But before any opinion of expert the court does not have any right to sit upon as expert and to opine as an expert,this very act of the court is perverse for which case law is already provided to you.
so understanding the procedure stated by me and case law referred by Mr.Arunagiri ,i guess your task to draft the appeal would be now easy.
In case any confusion you return back for explanation.
As of now filling of appeal is a must which should be remanded back for fresh evidence in lower court,if justice is done to case.
hope it helps you!
