Dr. J.James Jayapaul M.A., M.L., D.L.A.L., Ph.D., Principal(i/c)/Associate Professor, Govt. Law College Ramanathapuram.
ABSTRACT
In this world, disputes arising by way of fake signatures are increasing day by day. There are 59,87,477 cases pending in high courts across the country1. Out of which there may be majority of cases which involves signature issue. Indis’s oldest litigation which extended upto 72 years and disposed during January 2023 was also a Money Suit. From the stage of executing a document till trial in the court many signature manipulations are made by the parties. Especially in the civil suit, at the time of receiving summons itself signature is falsely made by some other person and the suit would be ending in exparte. Only during execution of the decree, the original signature holder will be coming to know the fraud and set aside petition will be filed and allowed. This being so, in this article, I have analysed the importance of “ Expert” in determining the correct signature and Judge’s role in comparing the disputed signature and deciding the correct person and signature. It is clearly mentioned in Section 45, 46, 47 and 73 of Indian Evidence Act, 1872. Finally if the signature is relevant then it would be made admissible by court.
Keywords: Judge, Signature, Evidence, Dispute, Relevancy.
