Monday, 29 May 2017

Whether execution of document can be proved by proving signature on document?

 
Plaintiff has also examined the expert witness PW-3-Devendra
Parsad, the handwriting expert to establish that the family settlement
(Ex.P-1) bears the signatures of the defendant. It is the settled principle of
law that the expert evidence is only an opinion. It could just corroborate

the substantive evidence. The expert evidence cannot substantiated the
execution of the document. It is also the settled principle of law that mere
proof of signatures cannot establish the due execution of a document. So,
the expert evidence adduced by the plaintiff-appellant will not be of much
consequence to establish the due execution of the family settlement
(Ex.P-1) and to explain the suspicious circumstances surrounding it.
IN THE HIGH COURT OF PUNJAB AND HARYANA
 AT CHANDIGARH.
R.S.A No.1526 of 2014(O&M)
Date of decision : 01.12.2016
Hargursharan Singh

V
Lt. Col. Hargobind Singh

CORAM : HON'BLE MR. JUSTICE DARSHAN SINGH

Citation: AIR 2017 P&H 3
Read full judgment: Click here

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