TMI Blog1993 (7) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... ier LA. No. 1452 of 1991 which was allowed on 24-1-1992 weighed with him in allowing the present application. In the circumstances, it is necessary to refer to the earlier application for the purpose of ascertaining the reasons. 3. The suit itself was filed by the petitioner-plaintiff on the strength of a promissory note, ex.A1 dated 11-6-1983 alleged to have been executed by the defendant for Rs. 16,300/-. The defendant in his written statement admitted the execution, but pleaded that the suit promissory note was not supported by consideration; because of the business transactions between the plaintiffs and the defendant's families, the promissory note came to be executed. It was also further pleaded that the execution of the suit p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entrusted to him by the Government. In those circumstances, the second application I. A. No. 613 of 1992 was filed for identical purpose for sending the document to a named private expert at Allahabad. 5. After filing the present revision petition, presumably by way of abundant caution, I.A. No. 18275 of 1992 was filed to condone 189 days' delay in filing the revision petition against the order in I.A. No. 1452 of 1991 (C.R.P. SR No. 61610 of 1992) in O.S. No. 1263 of 1987. On that application, notice was served on the opposite side. 6. The reasons given by the learned District Munsif for allowing the application are that: .....To the normal vision, the signature of the executant and the hand-writing in the blanks in the body ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical test that it could be definitely stated whether a particular writing was of a particular year or period. He also admitted that he applied no chemical tests in this case. So his opinion cannot on his own showing have that value which it might have had if he had applied a chemical test. Besides we may add that Osborn on Questioned Documents at page 464 says even with respect to chemical tests that 'the chemical tests to determine age also, as a rule, are a mere excuse to make a guess and furnish no reliable data upon which a definite opinion can be based'. In these circumstances the mere opinion of the expert cannot override the positive evidence of the atesting witnesses in a case like this where there are no suspicious circum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hor also expressed the view that: .....By recording the color as first seen, any observer with good eyesight can on second view answer the question whether an ink is still undergoing a change in color. This kind of an ink examination often furnishes conclusive evidence that a document is not as old as it purports to be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It is important to know that the color of the ink on a suspeted document, if it is promptly examined, may thus be the means of showing that the document is not genuine. If a writing of this kind purports to have been written long before and it can be shown that the ink has not yet reached its final de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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