Handwriting expert applications may be allowed at a late stage, subject to judicial discretion and case-specific facts.

Applications for handwriting expert opinion on disputed signatures or writings under Section 45 of the Indian Evidence Act are not confined to any fixed stage of proceedings. The court stressed that expert evidence is only corroborative, while the court itself may compare handwriting or signatures under Section 73. Because procedural rules should advance justice, the timing of such an application must be assessed on the facts of each case, and even a late request, including at the stage of arguments, may be entertained in the court's discretion. The court may also allow expert examination or rebuttal evidence where necessary.

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Issues: Whether an application for sending disputed signatures or writings to a handwriting expert under Section 45 of the Indian Evidence Act can be entertained at a later stage, including at the stage of arguments after the trial is over.

Analysis: The question was examined against the backdrop of earlier conflicting views on belated applications for expert opinion. The Court noted that expert evidence is only supporting material and not conclusive, and that the court itself has power to compare signatures or handwriting under Section 73 of the Indian Evidence Act. Relying on the principle that procedural rules are meant to advance justice and not defeat it, the Court held that no rigid time limit can be fixed for such applications. Whether to permit such an application must depend on the facts and circumstances of each case and remains within the court's discretion. The court may also, where necessary, permit examination of the expert or other evidence in support of or in rebuttal to the opinion obtained.

Conclusion: An application under Section 45 of the Indian Evidence Act for expert opinion on disputed signatures or writings may be entertained even at a later stage, including at arguments, and the matter is to be left to the discretion of the court.

Ratio Decidendi: Applications seeking handwriting expert opinion under Section 45 of the Indian Evidence Act are not confined to any fixed stage of the proceedings and must be considered on judicial discretion according to the exigencies of each case, having regard to the court's own power of comparison under Section 73.

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