Lawstreet Journal

Handwriting on Disputed Document Cannot Be Compared With Signatures On Vakalat & Written Statement As They Are Not Assured Standard Documents

Lawstreet Journal 4 Apr 2022 10:22pm

Image courtesy: Lawstreet Journal Judiciary Handwriting on Disputed Document Cannot Be Compared With Signatures On Vakalat & Written Statement As They Are Not Assured Standard Documents

The Andhra Pradesh High Court in a recent case ruled out that no time limit is fixed under Section 45 of the Indian Evidence Act, 1872 for sending disputed writings to the handwriting expert and it can be done at any stage of trial. Further, the handwriting on a disputed document cannot be compared with the signatures on Vakalat and Written Statement as these are not assured standard documents.

FACTS OF THE CASE

The petitioner was defendant in the suit. The respondent/plaintiff had filed the said suit in order to recover a sum of Rs. 1,71,600/- with future interest and costs. The petitioner/defendant filed with future interests as well as the costs.

The petitioner/defendant filed written statement, inter alia, contending that the suit promissory note is a forged document and his signatures were forged as well.

An application in the suit was filed by the petitioner under Section 45 of the Indian Evidence Act, 1872 in order to send promissory note to the handwriting expert by receiving specimen writings in the four promissory notes and to receive his specimen signatures in the open Court along with the vakalatnama and written statement for comparison. 

The respondent/plaintiff filed counter and the said application was opposed.

The said application was dismissed by the Trial Court for an opinion with the reasoning that it should have been filed before the commencement of Trial Court and not after closure of the evidence on the plaintiff's side. Hence, the Civil Revision Petition had been preferred against the order… Continue Reading...


Tagged: Andhra Pradesh High Court   Vakalatnama  
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