IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 5065   OF 2009 [Arising out of SLP(C) No. 2626/2007]

  PENDYALA SATYANARAYANA ... APPELLANT(S)

:VERSUS:

  KOTHA CHINA VEERABHADRARAO ... RESPONDENT(S)

O R D E R

Leave granted.

One of the questions which was raised before the High Court by way of  

a  substantial  question  of  law in a  second appeal  by the appellant  was as  to  

whether the expert evidence should have not been taken into consideration by the  

First Appellate Court, only in terms of a judgment of the Andhra Pradesh High  

Court in Renu Devi Kedia v. Seetha Devi, 2004 (6) A.L.T. 429.  The question, in  

our opinion, should have been considered by the High Court keeping in view the  

provisions  of  Section  45  of  the  Indian  Evidence  Act  in  the  light  of  several  

decisions rendered thereupon.  

-2-

In view of the fact that the expert's testimony before the Court should  

not be shaken despite lengthy cross-examination, we are of the opinion that the  

High  Court  ought  not  to  have  dismissed  the   second appeal  in  limine.   We,  

therefore, set aside the judgment of the High Court and remit the matter back to  

it for consideration afresh after framing appropriate question of law.  

The appeal is disposed of with the aforementioned direction.

.......................J (S.B. SINHA)

.......................J   (DEEPAK VERMA)    NEW DELHI, JULY 30, 2009.