2004 (8) TMI 764

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..... arned Senior Civil Judge dismissed the application filed under Section 45 of the Evidence Act. 2. Petitioner is the defendant and the respondent is the plaintiff in O.S. No. 241 of 1998. The plaintiff filed the suit for specific performance of agreement of sale dated 20-3-1995 (Ex.A-2). The defendant filed written statement disputing the agreement of sale. The defendant filed I.A. No. 797 of 20 .....

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..... dwriting expert helps the Court in coming to right conclusion in resolving the issues. 4. The learned Counsel for the respondent-plaintiff submits that the disputed signatures, which are to be compared with the admitted signatures are of the year 1995 and whereas specimen signatures obtained in the open Court are of the year 2004 and the gap of the two signatures is about nine years and in such .....

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..... his style of signature so as to make them dissimilar with the disputed signatures. Since there are no contemporaneous signatures for comparison with the disputed signatures, there is no useful purpose in sending the suit documents to an expert for his opinion. The Trial Court considered the matter in right perspective and dismissed the application. I do not see any valid ground to interfere with .....

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