LAW FOR ALL

the second expert for his opinion, even without setting aside the earlier report or opinion. = The expert opinion cannot be and should not be considered as gospel truth. Error is human. However high one person may be, it does not mean that he cannot commit any mistake. The evidence has to be appreciated without any prejudice. The Courts should not be influenced by the reputation, name and fame or influence of a witness. As far as the Courts are concerned, a witness is a witness. His evidence has to be considered on the touch stone of probabilities and circumstances and when the evidence is put to critical examination with rational outlook it may reveal whether such witness is a reliable witness or not. Then the Court would form an opinion whether to accept such evidence in toto or to reject the same or to accept it in part and reject the same in part. Therefore, in cases where the Court is of the opinion that the report of the expert is not satisfactory, where the expert has not followed the required procedure, where the findings of the expert appears to be prima facie incorrect, where there is an error on the face of the record, where it appears that the commissioner or expert had acted in a partisan manner and where the deficiency in the report cannot be completed by the same Commissioner or expert or where the Court feels that referring the matter to second Commissioner would be useful for better appreciation of evidence and for reaching just conclusions, the Court may refer the matter to second commissioner or to the second expert for his opinion, even without setting aside the earlier report or opinion. Since there appears to be some truth in the allegation that the respondent had changed his style of signature from time to time and expert had not compared all the specimen signatures sent to him and in view of the variation between S- 10 and S-11 and since Exs.C1 to C4 and Exs.X1 to X4 appear to have been obtained subsequently it may be just and reasonable to direct the second expert to examine these signatures and compare the same with the disputed signatures and such course would result in a valid and genuine exercise.