RAMA AVATAR SONI Vs. MAHANTA LAXMIDHAR DAS

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of the judgment dated 30.06.2016 passed by the High Court of Orissa at Cuttack in CMP No.684 of 2016 in and by which the High Court allowed the appeal filed by the first respondent thereby setting aside the order of the District Judge passed under Order XXVI Rule 10A CPC thereby allowing the appellant's prayer for sending the signature of the Will in question to hand-writing expert for comparison with Testator Natabar Das's admitted signatures.

(3.) The appellant herein filed C.S. No.2/34 of 2008/2003 seeking revocation of the Probate granted in favour of the first respondent i.e. Laxmidhar Mahapatra in Probate Misc. Case No.14/5 of 2000/1997. In the Probate Miscellaneous Case, the Will in question executed by Mahanta Natabar Das was the subject matter in dispute but according to the appellant/plaintiff, the said Natabar Das never executed any Will as Testator in favour of the first respondent-Laxmidhar Mahapatra. It is stated in the plaint that late Mahanta Natabar Das during his life time filed Probate Case No.19/13 of 1982 for Probate of the Will executed in his favour by one Jasoda Dasi and in the said proceeding, the admitted signature of Mahanta Natabar Das are said to be available in the petition, affidavit, vakalatnama, deposition and the signature of Mahanta Natabar Das appearing in those documents are required to be sent to the Hand-writing expert for comparison along with the Will in question and whether the signature in the Will in question is that of said Natabar Das or not? On the other hand, the case of the first respondent is that the Will was executed by the Testator Mahanta Natabar Das and it was a genuine document and it was legally probated by the competent Court.