Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order. XXVI r.10A CPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Will – Will in question executed by one ‘MND’ was probatedin favour of respondent no.1 – Appellant filed suit seeking revocationof the probate so granted – Application filed by the appellant u/Or.XXVI, r.10A CPC to send the Will in question to the hand-writingexpert for comparison with the documents, available in the court inan earlier Probate Case of 1982, containing admitted signatures of‘MND’ – Application allowed by District Judge – Order set asideby the High Court – Propriety of – Held: If the scientific investigationof the document in question facilitates the ascertaining of truth, inthe interest of justice, naturally it has to be ordered – District Judgewas right in allowing the application to send the Will in question tohand-writing expert – Further, the High Court was not right insaying that there was no specific allegation disputing thegenuineness of the signature of ‘MND’ – To challenge thegenuineness of the Will inter alia indicates challenge to thegenuineness 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 – Afterreceipt of the report of the hand-writing expert, trial court to proceedwith the trial in accordance with law. |
Judge | Hon'ble Ms. Justice Indira Banerjee Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 988 |
Petitioner | Ram Avatar Soni |
Respondent | Mahanta Laxmidar Das And Ors. |
SCR | [2018] 14 S.C.R. 39 |
Judgement Date | 2018-10-24 |
Case Number | 10684-10685 |
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