Signature denied by defendant
rajan chopra
(Querist) 14 November 2015
This query is : Resolved
Sir in a suit for recovery filed by me on the basis of pronote the defendant has simply denied his signature on suit pronote in his affidavit u/o 18 rule 4 C.P.C filed in his defence evidence.Now after closure of defence evidence the case is at Arguments stage.Now can I apply under sec. 45 & 73 of Evidence Act to court for examining the hand writing expert for his opinion on the disputed signature on suit pronote comparing with admitted signature in order to prove that the signature relates to defendant
Devajyoti Barman
(Expert) 14 November 2015
You should have applied for the same much earlier.
Anyway there is no harm in trying your luck e at this belated stage.
SAINATH DEVALLA
(Expert) 14 November 2015
A pronote is valid only once it is duly witnessed.What was the statement given by the witnesses on the pro note.
Advocate. Arunagiri
(Expert) 14 November 2015
If the defendant is denying his signature, you have to file a petition for sending it to the handwriting expert. If the opinion is in your favour, your case will get strengthened.
Rajendra K Goyal
(Expert) 15 November 2015
You should prey to the court for handwriting expert opinion.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 November 2015
Expert opinion by hand writting expert is not sufficient in it self unless it is supported by other evidence as has been held by APEX COURT in many judgments setting aside lower court judgments based on the evidence of such experts ONLY .
Pl go through this as stated by SC.
The evidence of an expert is
rather weak type of evidence and the courts do not generally
consider it as offering ’conclusive’ proof and therefore
safe to rely upon the same without seeking, independent and
reliable corroboration.
SUPREME COURT HAS FURTHER ADDED IN ITS JUDGMENTS THAT -
We think it would be
extremely hazardous to condemn the
appellant merely on the strength of
opinion evidence of a handwriting
expert. It is now well settled that
expert opinion must always be
received with great caution and
perhaps none so with mare caution
than the opinion of a handwriting
expert. There is a profusion of
precedential authority which holds
that it is unsafe to base a
conviction solely on expert opinion
without substantial corroboration.
This rule has been universally
acted upon and it has almost become
a rule of law. It was held by this
Court
SAINATH DEVALLA
(Expert) 15 November 2015
Informative citation by Adv Defence.
P. Venu
(Expert) 15 November 2015
What is the stand of the witnesses to the pro-note?
SAINATH DEVALLA
(Expert) 15 November 2015
"A pronote is valid only once it is duly witnessed.What was the statement given by the witnesses on the pro note."
TYPING ERROR; It should be "what was the statement given by the witnesses in the court"
rajan chopra
(Querist) 16 November 2015
Sir the pronote was signed by scriber two witnesses and defendant.The scriber and plaintiff were called for evidence and cross examined and proved the execution of pronote and the two witnesses could not be called for their evidence as they had left the city for an unknown place.The defendant has also denied his signature on written state ment and vakalatnama also besides on pronote
K.S.Srinivas
(Expert) 16 November 2015
If the handwriting expert confirms the signature of the defendant and the two witnesses confirm, then your case will be strengthened. Prey the court for handwriting expert opinion and take the statements of the two witnesses.
SAINATH DEVALLA
(Expert) 17 November 2015
The court has to take the statements of the witnesses.
T. Kalaiselvan, Advocate
(Expert) 21 November 2015
If the defendant is denying his signature in the vakalatnama and written statement then for what is he contesting the case or how did he come to know about a case is pending against him?, Did the court not ask the advocate for defendant about the vakalatnama and written statement signature f the defendant?
It is a good case to obtain handwriting expert's opinion and the evidence of the scribe f the pro-note may corroborate the favorable opinion from expert in this regard.
