Mudi Reddy Tirupathi Reddy v. T. Linga Reddy and Ors. - (High Court of Judicature at Hyderabad for Telangana and Andhra Pradesh) (18 Aug 2015)

Court cannot express opinion on evidence at interim stage of suit

MANU/AP/0747/2015

Law of Evidence

Hearing a contractual dispute, the High Court of Hyderabad declined to rule whether on the evidence adduced it was acceptable to refer a document to an expert. Given that the matter was yet to be adjudicated on its merits, the Court could not express an opinion, which could amount to prejudging the suit. It, however, disagreed with a lower court’s rejection of application to refer the document to a handwriting expert as the entire case rested on it. The petition was allowed.

Relevant : Velaga Sivarama Krishna vs. Velaga Veerabhadra Rao and Anr. MANU/AP/0766/2008 Janachaitanya Housing Ltd. rep. by its Managing Director, Sri Madala Sudhakar vs. Divya Financiers, A Proprietorship firm rep. by its Proprietrix, Ms. Gorantla Anjali MANU/AP/0137/2008 Section 45 Indian Evidence Act, 1872 Act Section 73 Indian Evidence Act, 1872 Act

Tags : INTERIM DOCUMENT EXPERT OPINION PREJUDGE