9911796707
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Issues Involved:
The judgment involves the issue of allowing the defendant's application to send the suit promissory note to a private expert for determining the age of the ink used by the attestor and the scribe. Other issues include territorial jurisdiction, maintainability of the suit, and the relevance of expert opinion in determining the age of disputed handwriting. Details of the Judgment: 1. The civil revision petition was filed against the order of the Second Additional District Munsif, Vijayawada, allowing the defendant's application to send the suit promissory note to a private expert for determining the age of the ink used by the attestor and the scribe. 2. The suit was based on a promissory note dated 11-6-1983, with the defendant admitting the execution but disputing the consideration and jurisdiction of the court. Interlocutory applications were filed for further cross-examination of witnesses. 3. An earlier application to send the promissory note to a Government Forensic Expert was allowed but later filed to a private expert due to the former's unavailability. 4. The District Munsif justified the need for expert opinion to ascertain the place of execution, territorial jurisdiction, and maintainability of the suit based on ink analysis. 5. A delay in filing the revision petition was also addressed through a separate application for condonation. 6. The petitioner contended that obtaining expert opinion was a delay tactic, citing a Supreme Court decision on the limitations of handwriting analysis. 7. The court upheld the relevance of expert opinion under Section 45 of the Indian Evidence Act, emphasizing caution in interpreting handwriting analysis and the need for trial judges to assess its evidentiary value. 8. Quoting Albert S. Osborn, the court highlighted the importance of ink analysis in determining the age and authenticity of documents, supporting the District Munsif's decision. 9. The court found the District Munsif's reasons for allowing the application justified in the circumstances, leading to the dismissal of the revision petitions. 10. The petitions were ultimately dismissed, with no costs imposed. This summary provides a detailed overview of the judgment, addressing the issues involved and the rationale behind the court's decision.
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