SURENDRA BHAGAT Vs. SMT. POONAM BHAGAT AND OTHERS

JUDGEMENT

(1.) (Oral) - By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the impugned order dated 22.07.2013, passed by I Addl. Civil Judge (Sr. Div.), Haridwar (Annexure 8 to the writ petition) and order dated 14.09.2015, passed by II Addl. District Judge, Haridwar (Annexure 10 to the petition). A further prayer has been made directing the court below to allow the application moved on behalf of the petitioner/defendant for verification of the signature of late Ram Pratap Bhagat made on will dated 23.12.1989 from the another handwriting expert.

(2.) A suit for partition was filed by the plaintiffs (respondent nos. 1 to 3 herein) against defendant (petitioner herein) and respondent nos. 4 to 23. Late Ram Pratap Bhagat is alleged to have executed a will dated 23.12.1989 in favour of Ghanshyam Bhagat. The defendant (petitioner herein) is questioning that will. In order to prove that will, plaintiffs (respondent nos. 1 to 3 herein) brought a private handwriting expert in the witness box. Prior to that the private handwriting expert was called upon to submit his report. When that handwriting expert entered into the witness box, he was not cross-examined by the defendant (petitioner herein).

(3.) Learned Senior Counsel for the petitioner submitted that the next date fixed for cross-examination of private handwriting expert is in the month of Aug. 2016. Thereafter, at the instance of the plaintiffs (respondent nos. 1 to 3 herein), an application for report of handwriting expert was called and the private handwriting expert was examined by the plaintiffs, for cross-examination of which, a date has been fixed in the month of Aug. 2016.