B.S. Dhillon, J. - (1.) PETITIONER firm is the Defendant in the suit filed by the Respondent firm. This suit is being tried in the Court of the Senior Sub -Judge, Bhatinda. The Plaintiff -firm applied for a Court direction to Shri Mohinder Singh, partner of the Defendant firm to appear in Court and to give his specimen writing and signatures for comparison thereof with his purported signatures on some documents sought to be put in evidence. This comparison, according to the Plaintiff firm, is essential for the evidence of the Expert Witness. This prayer was opposed by the Defendant. The learned Senior Sub -Judge, vide the impugned order dated November 19, 1975, allowed the prayer of the Plaintiff and directed Mohinder Singh to appear in Court on December 5, 1975, to give his specimen writing and signatures for the purpose of comparison with his signatures purported to be on some of the documents sought to be put in evidence by the Plaintiff. This order of the learned Senior Sub -Judge has been impugned in this revision petition.
(2.) WHEN this petition came up for hearing before S.S. Sandhawalia J., his Lordship admitted the petition to D. B. in view of the conflict of opinion regarding the interpretation of the provisions of Sections 45 and 73 of the Indian Evidence Act (Act No. 1 of 1872)(hereinafter referred to as the Act.) between various High Courts and there being no authoritative decision by this Court. We have heard the learned Counsel for the parties and are of the opinion that there is no merit in this petition. The short question which falls for determination in this case, is as to whether the Court has got power under the provisions of the Evidence Act to direct a party to furnish specimen writing or signatures for the purpose of comparison by an Hand Writing Expert, who may be produced in Court to prove or disprove the signatures on the disputed documents. The provisions of Sections 45 and 73 of the Act are relevant for considering the question in hand, which are reproduced as under: 45. Opinions of Experts. - -When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called Experts. 73. Comparison of signature, writing or seal with others admitted or proved. - -In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.
(3.) THE Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.;