1 CRA 14 OF 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 14 OF 2011 Shivraj s/o Bhagwanrao Deshmukh Applicant V E R S U S Vaijanath s/o Bhujangappa Tamshete Respondent Mr. V.R. Sonwalkar, Advocate for the applicant CORAM : A.V. NIRGUDE, J. DATED : 18th January, 2011 PER COURT : 1. This Civil Revision Application is filed against the order dated 13th April, 2010 refusing to send certain document for Hand Writing Expert’s opinion. The revision applicant is the plaintiff. He placed reliance on a document, a receipt executed allegedly by the respondent / defendant acknowledging receipt of certain amount. The respondent / defendant denied the execution of the receipt of the amount. On one hand, the respondent / defendant secured an order for sending the receipt for Hand Writing Expert’s opinion. The opinion was given and the Expert opined that the hand writing on the receipt does not belong to the respondent / defendant. On the other hand, the applicant / plaintiff is trying to prove this document through oral evidence. It seems, getting panicked due to adverse opinion of one 2 CRA 14 OF 2011 Hand Writing Expert, the applicant / plaintiff sought permission of the trial Court to get another opinion of another Hand Writing Expert on the document. His application was rejected. Against the said order, the present revision is filed. 2. I am not inclined to interfere in the impugned order, for the following reasons : Refusal to send the document to another Hand Writing Expert does not make much difference to the applicant / plaintiff’s case. As said above, the applicant / plaintiff has ample resources to prove the execution of the document. On the other hand, an opinion of a Hand Writing Expert is relatively a weak piece of evidence and does not necessarily rule out proof of the document. In other words, the applicant / plaintiff has still ample opportunity to prove the document through oral evidence. The learned Judge of the trial Court too has ample discretion to peruse the document, compare the hand writing / signature on the same with the admitted hand writing / signature of the defendant and form his own opinion which could be different than the Expert’s opinion. So, the order does not really cause any prejudice to the applicant / plaintiff. The revision should therefore fail. The Civil Revision Application stands dismissed. ( A.V. NIRGUDE, J. ) SRM/cra/14/11/18/1/11 3 CRA 14 OF 2011