ANANTA KUNDU Vs. DILIP UPADHYAY

JUDGEMENT

(1.) The revisional application being CO 2770 of 2022, is directed against an order dated July 26, 2022, passed by the learned Civil Judge (Junior Division), Additional Court, Krishnagar, Nadia, in Title Suit No.384 of 2017.

(2.) By the order impugned, the learned court rejected an application filed by the defendant under Sec. 45 of the Indian Evidence Act, 1872 (hereinafter referred to as the said Act), seeking identification of the signature/hand-writing of the defendant on the AD card by comparison with other admitted signatures of the defendant, by a handwriting expert. The application was filed on July 12, 2022.

(3.) The learned court rejected the said application on the ground that there was no need to refer the signature of the defendant to an expert for identification, as the court being an expert of all experts, could compare the admitted undisputed signatures of the defendant available in the record with the signature on the AD card.