You cannot send document for hand writing expert at time of first appeal 

2) if you have lost the case in trial court you cannot lead further evidence in appeal 

3) you cannot send documents for hand writing expert at time of second appeal 

1) The answer is simple for to have an experts opinion for signature and to have the expert opinion its nothing harm to have it ..... instead of losing the case.

2) To have citations or referral judgement its require time and for that its cost.

Under 391 crpc you can pray the same on interest of justice. The appellate court has powers to do the same

Dear Sir,

The point wise answer to your query is as follows:

1. Even if some document is not filed as evidence during trail of the court, the additional document (by way of expert legal opinion may be filed at the stage of appeal and the same is admissible as per the provisions of order 27 rule 41 of CPC. 
2. The above cited provision is quite sufficient in this stage and it may be supported by court judgments. 


3. It is better to get the expert opinion done at appellate stage, if not done at trial stage. Because the clarification is also required to be done as to why the same document was not brought on the record. 

Issue of law can be raise at any stage of trial and appeal is continuation of appeal.

In criminal proceeding, expert opinion can be sought in appeal but not in civil case if defence not raise at lower court. Mean, if sign not disputed in trial court than cannot raise in appeal.

1. First or second appeals are made if the learned court lower makes error in law and fact.

2. No fresh evidence is allowed to be adduced during appeals.

3. Find out errors in the judgment of the lower court and  get the matter remanded to the court lower where you can file, inter alia, an application for the said forensic examination of the said signature. 

No new evidence can be submitted in appeal. 

However you can apply for submission of new evidence if you can prove to the satisfaction of the court that the evidence has substantial impact on the decision of the suit and you was not able to produce the evidence before trial court inspite of your best efforts. 

 - Yes, the Appellate Court can send the document for signature verification for expert onion , and for getting direction , you should move an application for the same before the court. 

- Further , if you are already having the expert opinion Report with you , then as per Rule 27(1)(b) also you can move an application for taking on record additional evidence at the appellate stage , and the appellate court is bound to entertained in cases where it can be proved that the party did not get the opportunity to file the same documents at the lower stage , and further if it found that in the absence of those additional pieces of evidence justice would not be served. 

- Similarly , under section 391 of CrPc, Law permits additional evidence to be produced during the appeal stage in a criminal case in certain situations.

- Supreme Court on 28.01.2020,  in the matter of Asim @ Munimum @ Asif Abdulkarim Solanki versus The State of Gujrat  held that there is no particular stage to decide an application under Section-391 CrPC to lead additional evidence. 

Yes there is remedy chance in appeal

1. The judgment has been passed in the trial court. You want to challenge the judgment now before the appellate court.

2. First of all you shall have to examine whether your case is appealable or not as per Order 43 Rule 1 of CPC.

3. If appeal lies in the said case, you shall have to find out the errors of the court lower in passing the said judgment and file the first appeal based on which the judgment might be set aside and returned to the court lower for review.

4. When it comes back to the court lower, you can file an application, inter alia, for verification of the signatures of the signatories of the concerned papers/documents. 

This shall be a part of evidence .

Refer my reply earlier . You can apply for same but must prove that you could not do this during trial inspite  of your best efforts .

The principle of this law is very simple and fair. Try to understand this and act accordingly .

You cannot seek opinion of handwriting expert at time of first appeal 

Production of Additional Evidence in Appellate Court ( Order 41 Rule 27 ) ; 01. As a general rule, the AppellateCourt should not admit additional evidence for the purpose of the disposal of an appeal, and the parties are not entitled to produce additional evidence, whether oral or documentary in the appellate court.

Dear Sir,

My answers are as follows:

1. If the advocate in trial court, he thought as not required to send for expert opinion as he think other evidence is enough. But the case result is negative as did not sent to the document for signature verification expert opinion.

For this scenario at the time of First appeal can send the document for signature verification expert opinion?

OR can not send for expert opinion at the time of first appeal ? Please confirm.

Ans: Your advocate has done blunder mistake. Normally the first appellate court do not shoulder that responsibility but it can remand back the matter for that limited question to be decided.

2.If can send at the time of first appeal please send the two or more judgements citation details relevant to this for further reference ?

Ans; It is better to get the judgment set aside and get it remanded back and you will have chance of leading evidence of the expert.

3.Even for the expert opinion for signature verification did not send at the time of Trial court and First appeal, Then can send at the time of 2nd appeal for signature verification to expert opinion? Also please reply with relevant reference judgments citation.

Ans: Second appellate Court also can remand back the matter to the Trial court.4.Please provide the answer for the three question points separately point wise with clarity and without any ambiguity.

Ans: you cannot instruct the experts because it is charity work as we are paid not even 20 rupees for answering. It is the duty of your paid advocate.

4.Please provide answer with the available information, as considering client privacy unable to provide further information.

Ans: No answer required.

5.Here not required explanation about section 73 of evidence act.

Ans: Ok.

6.Here not required the section 45 law section paste. The clarity required in details for the three questions.

Ans: Ok.

E.Also not requested the alternative evidence options.

Ans: Ok.

7.This is regarding a civil suit, The relevant original document is submitted in Trial court.

Ans: Ok.

8.In trial court the counsels believed other evidences but did not requested for expert opinion for signature verification for the document. But the case got negative due to did not sent to expert opinion in trial court.

Ans: Without going through the entire evidence expert cannot give exact opinion. It is the blunder mistake of the advocate in the Trial Court. The judge with his naked eyes cannot give exact opinion about the genuinely of disputed signatures.

9.Here please note the original document submitted at the time trial in trial court. In this scenario at the time of first appeal can request for expert opinion for signature verification for the document ?

Ans: It seems you do not know anything about the procedure before the first appellate Court. The entire file (LCR=Lower Court Record) will be summoned by the first appellate court.

10.Please provide relevant civil section details also please provide relevant judgments for reference.

Ans: On this forum how you expect to support you when your amount of fee is distributed among the administrators and experts.

11.As already mentioned further details may not provide due to parties privacy.

Ans: Ok.

12. Please give with relevant reference judgment details also then it will be useful for further reference.

Ans: No reply necessary as I given detailed explanation.

Dear Sir/Madam, 

As suggested earlier O41 R27 (Order 41 Rule 27) of CPC has the provision in this regard. For your easy reference, the same is reproduced as under: 

Rule 27 Order XLI of Code of Civil Procedure 1908 "Production of additional in Appellate Court"

(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if-

(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise if due diligence, be produced by him at the time when the decree appealed against was or)

(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgement, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined.

(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.

Thus, using the provision of O41 R21 (1) (b), the said document may be adduced at appellate stage. You have to submit to court that this document is indispensable for just decision by court.

1. If the opportunities  available before the trial court was not availed at the time of trial proceedings, you cannot  bring that subject afresh in the appeal. 

Just because the case is lost in the trial court that you feel like exploring this option, suppose the case was won there there is no question about this.

The appellate court will concentrate only within the judgment that was passed by the trial court and not beyond that.

The appellate court may not entertain any such new evidence  before it for considering the appeal.

2.  Sec.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."

The Court cannot assume the role of an expert in comparing the disputed handwriting with that of the admitted ones. No doubt, the Court as per Section 73 of the Evidence Act, in certain circumstances could exercise its power with caution. In such an event, it is the bounden duty of the Court to specify clearly as to what are the salient features based on which the finding is arrived at.

 For reference you may go through the judgment passed in the following case:

You were clearly advised that the lacuna cannot be filled up in the appellate court.

This is a lacuna from your side.

The over confidence in the trial court has costed you the whole case. 

The provision of section 45 of Indian evidence act can be invoked only during the trial proceedings  and not before the appellate court afresh just because the case in the trial court was lost.

I have replied as above 

1. In very exceptional cases where additional evidence has been allowed to be led in appeal, the appellate court can send the signature to hand writing expert for his expert opinion. Application for sending the matter to hand writing expert should have been filed during the trial, if it is not filed then the opponent whose rights have now crystallised with the judgment of trial court cannot now be prejudiced by sending the matter to handwriting expert.

2. Ordinarily, even additional evidence is not allowed to be led in appeal.

3. The second appeal is only on a substantial question of law, hence there is no question of sending the document for expert opinion to handwriting expert in second appeal.

Pls do as directed. Only 391crpc is the way out in appeal

Lower courts are considered as fact finding court. No fresh evidence is allowed to be adduced during appeals, if there is no plea for challenging the signature in your plaint / written statement. If you had been taken a plea then you can produce the document before appellate court and file application for receive the same. In such a stage appellate court look into your oral evidence and pleadings along the documents produced before trail court for fresh consideration. Also peruse the oral evidence with regard to the signature, nature of case and positive evidence. On the strength of positive evidence challenge the lower court decree and try for a remand  to lower court for fresh consideration.Please remember that with out proper pleadings you could not win the case even documents are favour to you.

Second appellate court always consider only question of law in the suit and appeal. 

1. No documents cannot be send for signature verification at time of appeal if they were not sent during trial.

2. Additional evidence cannot be produced at time of appeal whether it is first or second appeal. 

This lapse has to be explained to the appellate court in a satisfactory manner as to why this was not done at the time of the trial.

If the court is satisfied then only it is admissible.

The steps that were to be taken in the trial stage were not taken. Now this can be done but the lapse has to be explained.