ANDHRA PRADESH HIGH COURT
Before :- G. Bhavani Prasad, J.
Civil Revision Petition No. 1832 of 2010. D/d. 2.8.2010.
Thumu Srikanth – Petitioner
Versus
Akula Babu – Respondent
For the Petitioner :-Ms.Lalitha Chouhan representing and Ms. G. Dhanajai, Counsel.
For the Respondent :- None appeared.
Evidence Act, 1872, Sections 45 and 73 – Opinion of Expert – Obtaining of, under Section 45 of the Act, to come to a just conclusion in spite of power of Court under Section 73 of the Act to undertake comparison – Defendant denied execution of registered Sale Deed – Petitioner-plaintiff made an application to obtain his signatures and thumb impressions and those of defendant in open court and get them examined and compared by Regional Forensic Science Laboratory along with disputed signatures and thumb impression in the sale deed – Application dismissed by lower Court holding that the Court itself can make such comparison under Section 73 of the Act – Challenged – Held, Court is not technically trained or qualified to indulge in such comparison – Though the opinion of Expert is mere opinion evidence, in a case like the present one, Court cannot, by itself, come to a just conclusion by making the required comparison – Petition premature – Expert opinion would be more helpful to both parties to lead appropriate evidence and to the Court to come to appropriate conclusion – Impugned order set aside – Application allowed – Direction given to obtain expert opinion as sought.