Court rules private expert reports admissible, subject to relevancy and admissibility during trial.
In a significant ruling, the Andhra Pradesh High Court, presided over by Justices Ravi Nath Tilhari and Balaji Medamalli, addressed the admissibility of private expert reports in commercial litigation. The judgment was delivered on April 15, 2026, in the civil revision petitions filed by ISGEC Heavy Engineering Limited against M/S Fe Engineering.
The court was tasked with deciding whether a report from an expert privately engaged by a litigant could be admitted as evidence in court. This question arose in the context of two civil revision petitions concerning procedural disputes in a commercial suit.
The primary issue was whether the appointment of a private expert by a party to the suit barred the submission of their report as evidence. The court held that private expert reports could indeed be submitted, provided they are subjected to relevancy and admissibility tests during the trial. This decision aligns with precedents from the High Courts of Karnataka and Kerala, which have recognized the admissibility of such reports when properly introduced through examination and cross-examination of the expert.
The court clarified that while the appointment of an expert by the court is a judicial function, it does not preclude parties from engaging private experts. However, the evidence must be rigorously tested during the trial phase to establish its credibility.
In the case at hand, the dispute arose when ISGEC Heavy Engineering challenged the admission of a private expert report submitted by M/S Fe Engineering. The Special Judge had initially allowed the report, subject to its relevancy and admissibility. ISGEC contended that the report should not have been admitted since the expert was not court-appointed.
The High Court dismissed ISGEC’s petitions, affirming that the Special Judge had rightly allowed the report. The court emphasized that any objections to the report's validity should be addressed during the trial through cross-examination of the expert witness.
This ruling underscores the court’s commitment to ensuring that evidence presented in commercial disputes is thoroughly vetted, while also allowing parties the flexibility to engage experts independently. The decision provides clarity on the procedural aspects of introducing expert evidence in commercial litigation, reinforcing the importance of following proper legal channels.
Bottom line:-
A report of an expert privately engaged by a party to the suit can be taken on record by the court, provided its relevancy and admissibility are determined during the trial.
Statutory provision(s):
- Civil Procedure Code, 1908, Order XXVI Rules 9 and 10
- Civil Procedure Code, 1908, Order XI Rule 1(5)
- Article 227 of the Constitution of India
