HARJEET KAUR Vs. HARDAYAL SINGH

JUDGEMENT

(1.) Rejection of an application under Section 45 of Evidence Act seeking handwriting expert's opinion as to signature of Mansha Singh on compromise/rajinama dated 27/06/1992 (Ex-D/2) has led the plaintiff file this petition under Article 227 of the Constitution.

(2.) The trial Court rejected the application holding that the plaintiffs can prove that the signatures are not of Mansha Singh through other mode:-

(3.) Section 45 of Evidence Act mandates that when the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.