Janachaitanya Housing Ltd. Rep. By Its ... vs Divya Financiers, A Proprietorship ... on 31 March, 2008
6. As regards the power of the Court to send a document for experts
opinion, a Division Bench of this Court in Janachaitanya Housing Ltd. v.
Divya Financiers, Guntur held that the Court cannot lay down any hard
and fast rules controlling the discretion of the Court to send the disputed
documents/writings for the opinion of the expert or to examine him in
support of such opinion. This judgment does not come to the aid of the
petitioner, as, in that case the lower Court has exercised the discretion in
favour of the applicant for sending the document for experts opinion and
the plea of the adversary party that it was not permissible for the Court
to send the document for experts opinion after completion of trial was
rejected. In the instant case, the Court below has exercised discretion
against the petitioner by declining to send the suit document for experts
opinion on the ground of delay.