MAHABALESHWAR MADEV HEGDE Vs. SADHANA MADEV HEGDE

JUDGEMENT

(1.) By the impugned order, an application to summon the specimen signature of Smt. Saraswati M.Hegde recorded in Canara Bank, Sirsi and an agreement that she is stated to have executed in favour of HESCOM Sirsi, has been rejected by the Trial Court on the ground that a similar application had been filed earlier and had been rejected and also on the ground that the documents relating to HESCOM was already on record.

(2.) It is not in dispute that the petitioner herein put forth a Will and made claim under the Will executed by Smt. Saraswati M.Hegde. To this plea, the plaintiff contended that Smt. Saraswati M.Hegde, never used to affix her signature and was only affixing her LTM.

(3.) In my view, in the light of this plea, the petitioner was justified in seeking for summoning of these two documents, which according to her contained the signatures of Smt. Saraswati M.Hegde, at an undisputed point of time. The Trial Court was therefore not justified in rejecting the application.