UMESH Vs. NIRMALA

JUDGEMENT

(1.) An application seeking for reference of Ex.D.1, a Will to the hand writing experts for verification of the signature of executant in comparison to the admitted signature has been rejected by the learned Civil Judge and Judicial Magistrate First Class, Savanur (hereinafter referred as 'Trial Court' for brevity).

(2.) The Trial Court has noticed that it can ascertain the genuineness of the signature in exercise of its power under Sec. 73 of the Evidence Act, 1872 and therefore, the opinion of the handwriting expert would not be necessary. It is also noticed by the Trial Court that the burden was on the petitioner/defendant to prove the execution of the Will and in that regard he had already examined the attesting witnesses. It is observed that an application had been filed only during the final arguments and there was no plea in the written statement about the Will that he had put forth. The Trial Court on consideration of these facts has rejected the said application.

(3.) In my view, the reasoning of the Trial Court cannot be found fault with.