2004 (8) TMI 764

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ivil Judge, City Civil Court, Hyderabad, by which the learned 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 agr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nion. He further submits that the opinion of the handwriting 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 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tement etc., there is every possibility of his disguising 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 appl .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X