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Expert Evidence Should Not Be Given Precedence Over Substantive Evidence

In Chennadi Jalapathi Reddy vs. Baddam Pratapa Reddy (Dead), the disputed signature of the first defendant was identified by his brother as those of the first defendant himself. However, another defence witness, a handwriting expert, deposed that the admitted signatures of the first defendant and the disputed signature do not tally, and that it s forged. The trial court refused to rely on expert evidence and decreed the suit of specific performance filed by the plaintiff, while the High Court did rely on it, and dismissed the suit.

In appeal filed by the plaintiff, the bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi observed that the Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature. The weight to be accorded to such an opinion depends on the extent of familiarity shown by the witness with the disputed handwriting. This, in turn, depends on the frequency with which the witness has had occasion to notice and observe the handwriting, his own power of observation, and how recent such observations were.

The Hon'ble court held that the testimony of the brother can safely be relied upon, and must be accorded similar, if not greater, weight than the expert evidence adduced by the defendants to advance their case.

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