MOHD ASLAM Vs. SHAMBHOO SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is aggrieved against the order of the Trial Court dated 29. 11. 2003 by which the Trial Court dismissed the petitioner's two applications, one for taking on record the expert opinion, which petitioner obtained himself from hand writing expert Ramesh Thakkar and prayed that in case there is any objection of the plaintiff about the report of said Ramesh Thakkar as it was obtained not with the prior leave of the Court then the Court may permit the hand writing expert to take photographs of the relevant documents so that fresh report may be brought on record by the petitioner-defendant. THE petitioner's second application was also with respect to the other documents but for the same purpose of obtaining expert report, that too, was dismissed by the Trial Court.

(3.) THE Trial Court in this case, even went to the extent of observing that at this stage, there is no reason to disbelieve the expert opinion dated 30. 06. 2003 (obtained and produced by the plaintiff ). THE Trial Court at this stage, could not have observed so because it is pre-judging a piece of evidence during trial. Even otherwise if the Trial Court had the prima facie opinion as mentioned above, then to meet with this prima facie finding of the Trial Court, the defendant had no option but to request for examination of hand writing or thumb impression in question from another report so that he may meet with the evidence in the form of expert opinion produced by the plaintiff by producing another expert opinion so that what has been found by the plaintiff by producing another expert opinion so that what has been found by the Trial court at this stage, as prima facie may not become the ultimate decision on the expert opinion in absence of any other expert opinion.