SUIT FOR SPECIFIC PERFORMANCE – DISMISSED – FAILED TO EXAMINE HANDWRITING EXPERT IN PROVING EXECUTION OF AGREEMENT – PH HC
In a recent judgment, the Punjab and Haryana High Court dismissed an appeal and highlighted the crucial role of a handwriting expert in establishing the execution of an agreement and stated that “The plaintiff indeed omitted examining a handwriting expert… Without such examination, the case of the plaintiff suffered a big jolt.” The case, RSA-3421 of 2012 (O&M), involved a dispute between Bakshish Singh and Kanwaljit Singh and another party.
The court, presided over by Justice H.S. Madaan, emphasized that the plaintiff, Bakshish Singh, failed to prove the execution of the agreement to sell the land in question. The judgment stated, “The plaintiff indeed omitted examining a handwriting expert. If such an expert, after examining the disputed signatures of Kanwaljit Singh with his specimen/admitted signatures, had arrived at the conclusion that those were by the same person, that would have strengthened the case of the plaintiff.”
The court further noted that the agreement’s execution was not established, and therefore, the question of granting specific performance did not arise. The trial court’s judgment, which had decreed the suit in favor of the plaintiff, was deemed erroneous. The appellate court correctly set aside the trial court’s decision and dismissed the suit.
Justice Madaan, while upholding the appellate court’s judgment, remarked, “The execution of agreement Ex.P1 is not established on the record; therefore, there is no question of any specific performance thereof being granted in favor of the appellant/plaintiff.”
The importance of a handwriting expert in establishing the authenticity of signatures on legal documents was highlighted in the judgment. The court underscored that in cases where a party denies their signatures, it is incumbent upon the plaintiff to present a handwriting expert for a thorough analysis.
Date of Decision: May 24, 2023
Bakshish Singh VS Kanwaljit Singh and another
