P.M. BAPNA Vs. MANGILAL KALURAM SHARMA

JUDGEMENT

(1.) CONSIDERED the possibility of expenses which would be incurred for travelling from Jabalpur to Indore in these summer days by a person who happens to be a hand writing expert, while doing so inconvenience, discomfort caused to him in his personal life as well as profession will have to be considered. The capacity of the petitioner to pay the cost will be also a relevant factor. Therefore, cost is sufficient and not excessive.

(2.) THE Courts have to keep in mind that when the expert witness is coming for being examined, it is right of the adversary as well as the party examining him who have the photographs of disputed documents well in advance enabling such party to cross -examine such witness effectively. Denial of such copies and asking such party to cross -examine such witness abruptly is not consistent with proper administration of justice. An expert witness cannot be cross -examined by a lawyer of litigant abruptly. They should have sufficient opportunity to study the scientific aspect involved. The Courts should not forget that. Let this be a guiding direction. Dismissed.