DEVI SHANKAR SHARMA Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of an application filed by the appellant under order 41 Rule 27 CPC seeking direction to second page of the Will dated 14.06.1988 for examination by CFSL. It is the case of the appellant that the second page of the Will which is a registered document contains signatures of someone which are different from the signatures of the deceased testator which are available on page No. 1 and 3 and this paper appears to have been fabricated. No such plea has been taken by making any specific allegation with regard to the change of page No.2 because the written statement no such plea has been put forward in the cross-examination of the witnesses who have appeared on behalf of the appellant. No application was filed by the appellant before the lower Court for leading any such evidence with regard to difference of signatures on page 2 of the Will as alleged before this Court. The appellant has also not taken a specific ground in the grounds of appeal on this aspect.

(2.) THE provisions contained under order 41 Rule 27 CPC reads as under:

(3.) HOWEVER, when the foundation is not there merely because it would help the Court to consider the case of the appellant regarding difference of signatures as alleged, that also in a case where the appellant has not complied with the directions of this Court for a period of more than three years regarding deposit of cost does not call for any interference. The application, therefore, deserves dismissal and the same is hereby dismissed for that reason.