P P SHARMA Vs. SWARAN LATA

JUDGEMENT

(1.) APPELLANT has filed two appeals being FAO (OS) Nos. 7 and 294 of 2007 for setting aside the orders dated 18th November, 2006 and 23rd July, 2007 in i. A. No. 10302 of 2006 and R. A. No. 12 of 2007 respectively. Appellant in the present appeals has also prayed for dismissal of the Testamentary Case No. 47 of 2005 filed by the respondent.

(2.) BY way of the impugned orders, the learned Single Judge has permitted the respondent in the proceedings filed by her under Section 263 of the Indian succession Act (hereinafter referred to as "the said Act") to lead evidence in support of her plea that the Will dated 15th June, 1984 (hereafter referred to as "the said Will") is a forged and fabricated document. Further the learned single Judge has sent the said Will to a handwriting expert in CFSL for verification of the testator"s signature. Since the two appeals are between the same parties and raise common issues of fact and law, we are deciding them by a common order.

(3.) MR. P. V. Kapoor, learned senior counsel for the appellant, submitted that this Court as well as the Supreme Court have already held the Will in question to be a valid and genuine document, the respondent cannot challenge the genuineness of the said Will either by leading any evidence or by asking a hand writing expert from CFSL to examine the said Will. Learned senior counsel further submitted that the respondent"s challenge to the said Will is barred by principles of res judicata and by principles of re-litigation.