: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1454 OF 2008 IN SUIT NO.1340 OF 1994 Kishore J. Cheda & Anr. ....Plaintiffs V/s. Smt.Maniben C. Dalal ....Defendant Mr.Uday Bobde with Mr.Mohan Tekavde, Ms.S.M. Tekavde, Varun Mishra for the Plaintiffs. Mr.R.A. Shaikh for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 16TH JULY, 2008. P.C. : 1. This Notice of Motion is thoroughly misconceived. The Defendant seeks the dismissal of the suit on the ground that the handwriting expert of the C.I.D. has given an opinion that the signature on the suit agreement of which specific performance is sought, is forged. The opinion of the handwriting expert is in no circumstance binding on this Court. It can at the highest form only a piece of evidence. 2. The parties have agreed to have the evidence recorded on commission. Mr.Mukesh Subramaniam, an advocate of this Court, is appointed as a Commissioner for recording evidence. The parties are at liberty to : 2 : cross-examine the witnesses subject to their objections, if any, which shall also be recorded by the Commissioner. 3. The costs of the Commissioner shall be paid by the Plaintiff and the Defendants equally in the first instance but subject to the orders at the hearing of the suit. 4. The Notice of Motion is accordingly disposed of.