An order refusing to set aside the report of a handwriting expert in a suit for specific performance is impugned. The report of an expert is only an opinion evidence in terms of Section 45 of the Evidence Act. Nothing precludes the petitioner from adducing evidence in objection to the report at the time of trial of the suit.
2. It is open to the court below to remit the report to the same expert or elicit further details if found necessary at the time of trial. The order impugned however does not suffer from any error of jurisdiction warranting interference in this supervisory jurisdiction. There will however be a direction to the court below to dispose of O.S. o. 26/1998 on its file without any further delay.
The Original Petition is dismissed subject to the above clarification.
V. CHITAMBARESH JUDGE ncd