Will – Will in question executed by one ‘MND’ was probated in favour of respondent no.1 – Appellant filed suit seeking revocation of the probate so granted – Application filed by the appellant u/Or. XXVI, r.10A CPC to send the Will in question to the hand-writing expert for comparison with the documents, available in the court in an earlier Probate Case of 1982, containing admitted signatures of ‘MND’ – Application allowed by District Judge – Order set aside by the High Court – Propriety of – Held: If the scientific investigation of the document in question facilitates the ascertaining of truth, in the interest of justice, naturally it has to be ordered – District Judge was right in allowing the application to send the Will in question to hand-writing expert – Further, the High Court was not right in saying that there was no specific allegation disputing the genuineness of the signature of ‘MND’ – To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature of ‘MND’ – Impugned order set aside – Will along with the documents containing admitted signatures of ‘MND’ be sent to the hand-writing expert for comparison – After receipt of the report of the hand-writing expert, trial court to proceed with the trial in accordance with law.
Allowing the appeals, the Court
HELD: 1.1 If the scientific investigation of the document in question facilitates the ascertaining of truth, in the interest of justice, naturally it has to be ordered. Having regard to the issue raised in the suit, the District Judge was right in allowing the application to send the Will in question dated 12.03.1989 to handwriting expert. [Para 8][43-D]
1.2 The High Court was not right in saying that, in the plaint, the appellant has challenged only the genuineness of the Will and nowhere made allegations with regard to the genuineness of the signature of ‘MND’. To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature of ‘MND’. The High Court was not right in saying that there was no specific allegation disputing the genuineness of the signature of ‘MND’. The impugned order is liable to be set aside. As directed by the District Judge, the Will dated 12.03.1989 along with the documents set out in the petition filed by the appellant and in the order of the District Judge containing admitted signatures of ‘MND’ be sent to the hand-writing expert for comparison. After receipt of the report of the hand-writing expert, the trial court shall proceed with the trial in accordance with law. [Paras 9, 10][43-E-H; 44-A]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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