Rajkumar Swarnkar vs Shri Hemendra Kumar Saxena
2023 Latest Caselaw 13104 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        MP No. 6293 of 2022
                                           (RAJKUMAR SWARNKAR Vs SHRI HEMENDRA KUMAR SAXENA)

                          Dated : 11-08-2023
                                  Shri Shiv Kumar Sharma - Advocate for the petitioner.

                                  This Miscellaneous petition is filed being aggrieved of order dated

                          28/10/2022 passed by the learned Vth Civil Judge Senior Division, Bhopal in
                          R.C.S. No. 631-A/2018 whereby an application for appointment of a
                          handwriting expert has been rejected.

                                  It is submitted that the learned trial Court has though mentioned that as
                          per the Amended Act of 2008, no                  application for reporting on
                          handwriting/signatures can be made without there being any issue to this effect

                          but no provision is mentioned by the learned Vth Civil Judge and has merely
                          copied the contents of the reply filed by the defendants without application of
                          mind.
                                  It is submitted that it appears that the trial court was being swayed by the
                          reply furnished by the respondent/defendant whereas it was required to apply its

mind and see as to whether under the facts and circumstances to do complete

justice between the parties whether examination of the document in the hands of the handwriting expert is necessary or not ?

Reliance is placed on the judgment of Madhya Pradesh High Court in L.S. Trading Company (M/s) and another Vs. Manish Mishra (2010) 4 M.P.H.T. 219 (DB) wherein it is held that under Section 45 and 67 of the Evidence Act, even at the stage of final arguments, the application for examination by the handwriting expert can be allowed.

Issue notice to the respondents on payment of P.F. by registered A.D. Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 8/14/2023 7:52:19 PM

post within seven working days.

Notice be made returnable in four weeks.

(VIVEK AGARWAL) JUDGE

vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 8/14/2023 7:52:19 PM