Indian Kanoon - Search engine for Indian Law

Evidence Act 1872, Section 73 = Comparison of disputed signature of a person with his admitted signature  Property of Comparison with signature in Vakalath and Written Statement  Suit was instituted based on promissory note  Defendant denied execution of promissory note and alleged that plaintiff has forged his signature  No document with admitted signature of plaintiff filed in court  Trial court on comparison of signature in the promissory note with the signature in the written statement and vakalath filed by defendant rendering finding that there was no forgery and defendant had executed promissory note and decreed suit  Even though court may have power to compare the signature, such comparison is to be made with some admitted signatures of the defendant and court cannot act as expert - Comparison with the signature affixed in vakalath and Written statement which had come into existence after the dispute arose is not in accordance with law  On facts it was held that trial court based its conclusion on irrelevant materials  Decree of trial court set aside in revision.