Vincent Philip D'Costa v. Stella Lawrence Freitas, 2026
It strengthens the principle that expert evidence must be based on recognised scientific knowledge, not speculative or unverified theories.
Judgement Details
Court
Bombay High Court
Date of Decision
27 March 2026
Judges
Justice Valmiki Menezes
Citation
Acts / Provisions
Facts of the Case
- The dispute arose out of a civil suit filed in 2009 challenging the validity of a Will executed in 2008.
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The plaintiffs sought a declaration that the Will was null and void, alleging that the testatrix was not in a sound state of mind at the time of execution.
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It was further alleged that the Will had been obtained through coercion and undue influence.
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During the final arguments stage, the plaintiffs sought to produce additional documents, namely two graphologist reports.
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The Trial Court (Civil Judge) allowed the production of these reports despite the advanced stage of the proceedings.
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The defendant challenged this order before the High Court through a writ petition, arguing that:
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The documents were produced at a belated stage without justification.
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The reports lacked evidentiary relevance and scientific credibility.
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Issues
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Whether additional documents can be produced at the stage of final arguments without showing good cause and due diligence under the CPC?
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Whether a graphologist’s report qualifies as expert evidence under Section 39(1) of the BSA (Section 45 Evidence Act)?
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Whether graphology is a recognised scientific field capable of assisting the Court in determining the mental condition of a testatrix?
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Whether handwriting analysis can be used to infer the state of mind of a person executing a Will?
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Whether the Trial Court erred in allowing production of such evidence without examining its relevance and admissibility?
Judgement
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The High Court held that the Trial Court erred in allowing the production of additional documents at a belated stage without any explanation showing good cause or due diligence.
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It emphasized that procedural requirements under the CPC are mandatory, and late production cannot be permitted mechanically.
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The Court held that for any opinion to qualify as expert evidence, it must relate to a field of recognised specialised knowledge.
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It clarified that graphology has not been established as a recognised science under the Evidence Act framework.
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The Court observed that handwriting analysis is relevant only for identification of handwriting or signatures, not for determining a person’s mental condition.
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It found that the graphologist’s reports failed to explain:
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The scientific basis of graphology
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How handwriting could indicate mental state
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The Court noted that graphology is generally regarded as a pseudoscience, lacking scientific reliability.
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It further held that the reports did not add any value to existing evidence, including eyewitness testimony and medical evidence.
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The Trial Court failed to assess relevance, admissibility, and jurisdictional requirements before allowing the documents.
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Accordingly, the High Court set aside the impugned order permitting the production of graphologist reports.
Held
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Graphologist reports are not admissible as expert evidence unless their scientific basis and relevance are established.
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Graphology is not recognised as a reliable scientific discipline under evidence law.
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Late production of documents requires proof of due diligence and good cause.
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Trial Courts must assess relevance and admissibility before allowing additional evidence.
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The impugned order allowing such documents was set aside.
Analysis
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The judgment reinforces strict compliance with procedural law, particularly regarding timely production of evidence.
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It strengthens the principle that expert evidence must be based on recognised scientific knowledge, not speculative or unverified theories.
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By rejecting graphology as pseudoscience, the Court protects judicial proceedings from unreliable and misleading evidence.
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The ruling clarifies the limited scope of handwriting expert evidence, restricting it to identification purposes only.
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It highlights the importance of relevance and probative value in determining admissibility of evidence.
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The judgment ensures that trial courts exercise judicial application of mind, rather than mechanically allowing applications.
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It also reinforces that medical and direct evidence carry greater weight in determining mental capacity than indirect or speculative techniques.
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Overall, the decision strengthens evidentiary standards and promotes scientific rigor in judicial decision-making.