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2004 (8) TMI 764 - HC - Indian Laws

Issues:
1. Dismissal of application under Section 45 of the Evidence Act for sending disputed signatures to a handwriting expert in a suit for specific performance of an agreement of sale.

Analysis:
The civil revision petition arose from the dismissal of an application filed under Section 45 of the Evidence Act by the defendant in a suit for specific performance of an agreement of sale. The defendant disputed the agreement of sale and sought to send the disputed signatures to a handwriting expert for examination. The plaintiff resisted this application, arguing that the age gap between the disputed signatures from 1995 and the specimen signatures from 2004 rendered the expert opinion inconclusive. The plaintiff's counsel relied on a High Court decision highlighting the potential changes in signatures over time. The Court noted the significant time gap between the disputed and specimen signatures, making it possible for the defendant to alter his signature style. Due to the lack of contemporaneous signatures for comparison, the Court found no utility in sending the documents to a handwriting expert. The Trial Court's decision to dismiss the application was upheld, concluding that there was no valid ground for interference with the impugned order.

Therefore, the civil revision petition was dismissed by the High Court of Andhra Pradesh.

 

 

 

 

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