61. Opinion as to handwriting when relevant. When
the Court has to form an opinion as to the person by whom any document was
written or signed, the opinion of any person acquainted with the handwriting of
the person by whom it is supposed to be written or signed that it was or was
not written or signed by that person, is a relevant fact.
Explanation.‑‑A
person is said to be acquainted with the handwriting of another person when he
has seen that person write, or when he has receive documents purporting to be
written by that person in answer to documents written by himself or under his
authority and addressed to that person, or when, in the ordinary course of
business, documents purporting to be written by that person have been
habitually submitted to him. .
Illustrations
The question is, whether a
given latter is in the handwriting of A, a merchant in London. .
B is a merchant in Peshawar, who has written
letters addressed to A and received letters purporting to be written by him C
is Id's clerk, whose duty it was so examine and file B's correspondence. D is
B's broker, to whom B habitually submitted the letters purporting to be written
by A for the purpose of advising him thereon.
The opinions of B, C and D on
the question whether the letter is in the handwriting of A are relevant, though
neither B, C or D ever saw A write.