No limit in seeking help on disputed signs: Hyderabad High Court
Justice Murthy said that in the present case, certified copies produced by the defendant would not serve the purpose.
Hyderabad: In a ruling which would give relief to petitioners who are fighting civil cases for their rights, the Hyderabad High Court declared that there was no limitation to the trial court in taking steps to refer disputed signatures for the expert opinion, call for original records and examine the revenue official concerned in a case involving land.
Justice M. Satyanarayana Murthy was allowing three civil revision petitions by Khammam district resident L. Suryanarayana seeking to review the orders passed by the principal district judge, Khammam.
He made it clear that at any stage of the proceedings, disputed signatures can be referred to experts along with contemporaneous admitted signatures for opinion.
The petitioner submitted that the trial court had refused to accept his petition for examination of the signatures of the defendant on a sale agreement, plaint and vakalat. He had sought a direction to the tahsildar to appear before the court with original pahani records as there were discrepancies in the certified copies presented by him and the defendant. Justice Murthy said that in the present case, certified copies produced by the defendant would not serve the purpose because they did not reflect the amendments or alterations in the adangal pahani register, but the true copy obtained by the petitioner disclosed the alterations.
The judge noted that “Production of original (record) is necessary for deciding the real controversy and the examinations of tahsildar, who has custody of those books, is imperative to decide the real controversy between the parties.”
He set aside the order of the trial court.
Justice Murthy directed the court to issue summons,under Section 16 Rule 1 CPC, to the tahsildar, Kalluru for production of original adangal pahani register for the years 1996-97 to 2016-2017 pertaining to the land parcel.