The evidence of an export is of very weak character

It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26)

Eklas Khan and or vs Prayesh Chandra Das and or BLD 1987 (AD) 142 cited

It has been held that an expert’s opinion particulary of a hand writing expert is always received with great caution. So in assessing or evaluating the evidence particulary the evidence of handwriting experts on the question of genuineness of a signature, the following facts must be kept in view:  (1) very few people sign in the same manner on all occasions, (2) expert opinion on the genuineness of the signature should be received with great caution especially in a case when there is positive evidence of persons who saw a person sign, (3) All the test evidence by the expert in the matter of comparision of handwriting and signature are merely tentative in character, (4) Opinion is a weak evidence………………..(26)

Law requires that the plaintiff must prove his own case to the hilt by cogent and sufficient evidence. He can not succeed merely on the weakness of the defence. Disbelief of the defence ipso facto does not make the plaintiff’s case believable.

10 DLR (PC) page 1 cited

In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The court is required to come to a finding on assessment of the materials on record that the plaintiff has been able to prove the case.

Bangladesh VS Abdul Wadud and others

25 DLR (SC) page 90 cited

The plaintiff must prove his case with sufficient to obtain even an expert decree in his favour…………………….……..(29)

Article 113 provides for limitation in a suit for specific performance of contract and it is three years from the date fixed for performance of the same and if no such date is fixed when the plaintiff has noticed that performance is refused.………………(30) 

Amendment of Pleadings

In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plainly inequitable to refuse such a relief this Court will not hesitate to do what the Judicial Committee did………………........ (33)

Additional evidence

Where additional evidence came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made available before the trial Court..........................(34)