T.K. MURALEEDHARAN Vs. SHEELA

JUDGEMENT

(1.) The petitioner herein is the 5th defendant in a suit filed by the first respondent herein seeking partition of properties that belonged to their mother. The 5th defendant relied on a will allegedly executed in his favour. In the course of the examination, the will was disputed by the parties contending that apparently the signature in all the pages were different and that it was not a genuine will. It was contended that the will was not executed by the mother and it was a forged bill which was evident even from the different signatures seen put on the will. An application was filed by the plaintiff to sent the above document for examination by the forensic laboratory for an expert opinion. The court below allowed the application with a direction for call for an expert opinion regarding the signatures and to ascertain whether the same person has put the signatures in different pages of Ext.P1.

(2.) The specific contention of the learned Counsel for the 5th defendant was that an FSL report was not necessary in the background that it was not sought to be compared with any admitted signature. No admitted signature was available on record. It was also contended that sufficient evidence was let in by the 5th defendant and an expert opinion was not required. It was further contended that it was only an opinion evidence and not an substantive evidence, which can only corroborate the available direct evidence. The main contension was that application for sending the document for an expert opinion was filed on a belated stage that too, after the closure of the entire evidence.

(3.) It seems that the court below proceeded on its own reasonings. Essentially, a document is to be proved and established by the person who is relying it. Definitely the opposite side is entitled to raise objections and to cast doubt regarding its genuineness. In the light of the definite stand taken by the 5th defendant who is the petitioner herein, that it is not required to be sent for expert opinion and the stand taken by the plaintiff seeking for an expert opinion, it is for the court below to evaluate the available materials and decide on the question of genuineness of the document. The court will also be free to take note of the challenge made by the 5th defendant against sending the document for expert opinion.