![]() Judgment dated in A.S.No.5 of 2003 on the file of Senior Civil JudgeĬourt, Allagadda, reversing the decree and judgment dated in This appeal is preferred by the defendant challenging the decree and ![]() Yerram Pedda Subba Reddy, S/o.Chinna Nagi Reddy.Ĭounsel for the Appellant: Sri C.Damodar ReddyĬounsel for the respondent: Sri P. Sallepalli Narasimha Reddy, S/o.Pulla REddy. The opinion of the expert that the disputes signatures are traced forgery is not Has not placed any material much less cogent and convincing material, to establish that the plaintiff is having signatures of the defendant with him, which enabled him to trace his signature on Ex.A1 promissory note. Person must be in possession of the signatures of that person. The person who traced the signature of another ![]() She further deposed that she is not having diploma inĪs per the expert opinion the disputes signatures are traced forgery. Not mentioned the design of the letters in her reasons.Įxamination, she has categorically deposed that she obtained Post Graduation in His signature with a sketch pen and a ball-point pen.Īge of the questioned signatures on Ex.A1. There is every possibility for variation if the same person puts With a ball-point pen whereas the admitted signatures S2 to S4 were signed with Signature in open court, to distinguish his usual signature cannot be ruled outĬompletely, so as to substantiate his stand in the written statement.Įven as per the testimony of C.W.1, the questioned signatures were signed In such circumstances, the possibility ofĬhanging pattern and style of the signature by the defendant, while putting his ![]() In the written statement that Ex.A1 does not bear his signature.Ĭourt has to take into consideration the tendency of a human being in getting , the defendant was very much aware that he has taken a specific plea The relevant facts, in order to appreciate the rival contentions. Were not sent to the expert for comparison. The signatures of the defendant on the bank passbook or passport or sale deed įactual aspect clearly manifest that the contemporary signatures of theĭefendant were not sent to the expert for comparison. With his disputed signature on Ex.A1 promissory note dated. The handwriting expert must compare the disputed signatures on promissory note with the admitted signature and not the signatures on the pleading and vakalat9.ĭefendant were taken in open court on to send the same for comparison The evidence given by an expert of handwriting can never a conclusive proof8. The opinion of expert is not infallible7. The opinion of the experts cannot outweigh theīefore acting on expert evidence, it is usual to see if it isĬorroborated either by oral evidence or by circumstantial evidence6. The evidence of the expert being opinion evidence, cannot falsify the Therefore, I am unable toĪgree with the findings recorded by the trial court as the same are not based on The first appellate court has rightly applied the principlesĮnunciated in Brij Basi case (5 supra) and Shashi Kumar Banerjee case (6 supra)Īnd held that opinion of expert cannot outweigh the direct evidence, if theĭirect evidence available on record is convincing. I am unable to countenance the argument of learned counsel for theĪppellant/defendant that P.W.2 is an interested witness.Įvidentiary value of the Expert Opinion :. Having regard to the facts and circumstances of the case, P.W.2 will not gain or lose anything if the suit isĭecreed or dismissed. Working in the shop of P.W.1, that itself is not sufficient ground to treat himĪs interested witness. Therefore he cannot be treated as interested witness. P.W.1 being a party to the proceedings is entitled to depose evidence and Interested witness - A worker in shop is not interested witness on that reason:. Sec.45 of Evidence Act - Evidentiary Value of Expert opinion = In the absence of contemporary admitted signatures and in the absence of Qualified expert, the opinion of the expert can not be considered as a conclusive evidence a worker in the shop of plaintiff cannot be considered as interested witness =
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