Can i write this in 45 evidance act application ?
Zeeshan
(Querist) 13 October 2025
This query is : Resolved
I have a case of 'declaration; pending against my tenant who make fake papers of shop and claim himself to be the owner of shop.
Previously I filled an application for Sending tenant's papers to 'CFSL' but it was rejected stating:'-
" the plaintiff wishes the court to conduct a roving enquiry on his behalf. In view of the aforesaid observation, the court is of the view that there is no merit in the applications of the plaintiff seeking comparisons/verification of the documents filed by the defendants. "
Now I decided to file an another application under section 45 Indian Evidence Act for sending my papers to 'PRIVATE FORENSIC LAB'. Therein I want to write following line:-
1. It seems that this court do not think or have somewhere in mind that the papers of tenant are not fake, that's why this court do not think that the papers of tenant need to be checked by forensic."
or
2. “It appears that this Court is of the view that the tenant’s documents are not forged, and therefore does not consider forensic examination of those documents necessary.”
or
3. “The Court seems to have accepted the authenticity of the tenant’s papers and consequently found no need to direct forensic verification.”
or
4. “It would appear that the Court does not entertain doubts about the genuineness of the tenant’s documents, and hence declined to order a forensic examination.”
or
5. “The Court appears to have formed the opinion that the tenant’s documents are genuine, which is why it did not deem forensic scrutiny necessary.”
Please suggest is it ok to write above line ?
T. Kalaiselvan, Advocate
(Expert) 13 October 2025
Don't write anything in your petition seeking the opinion of the handwriting experts at Forensic department by blaming or putting the blames on the court.
You file an IA under section 45 of Indian evidence act and express your problems and grievances for which you approached the court.
You don't do the mistake again to prevent court from passing any such sarcastic orders.
If the court dismisses your application once again then you may approach high court with a civil revision petition seeking to set aside the trial court orders and direct the trial court to send the papers to the department concerned
