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by Admin
07 May 2024 2:49 AM
The High Court of Andhra Pradesh today allowed a Civil Revision Petition involving the comparison of signatures on a disputed pronote, underscoring the principle that procedural errors should not obstruct substantive justice.
The legal issue at the heart of this decision is the authenticity of a document used in a financial recovery suit. The petitioner contested the authenticity of the pronote, alleging it to be forged, and sought to compare the signature on it with those on other registered documents he owned. The trial court had earlier dismissed an application for signature comparison on the ground that the petitioner failed to provide comparable signatures.
The respondent filed a recovery suit based on the pronote dated February 11, 2012. The petitioner, challenging the pronote’s authenticity, applied under Section 45 of the Indian Evidence Act to have the signatures compared. However, the trial court rejected this application due to the absence of admitted signatures for comparison, a decision that was challenged in the present revision petition.
Procedural Error Addressed: The court observed that “the trial court erred by not allowing the petitioner an opportunity to submit comparable signatures,” thereby potentially affecting the delivery of substantive justice.
Opportunity for Fair Comparison: Justice R. Raghunandan Rao emphasized, “The court must facilitate the uncovering of truth by allowing procedural leeway when the ends of justice so demand.”
Direction to Trial Court: The High Court directed the trial court to refer the signatures on the pronote for comparison with original signatures from the petitioner’s other registered documents, provided these are submitted by June 30, 2024.
Provision for Failure to Produce Documents: The court also specified that if the petitioner fails to produce the required documents, the trial should proceed without the signature comparison.
Decision The Civil Revision Petition was allowed, granting the petitioner an opportunity to establish the authenticity of the pronote through signature comparison. The court’s decision highlights its commitment to ensuring that justice is served, even if it requires revisiting procedural decisions.
Date of Decision: May 3, 2024
Elayraja vs. K Devan
