K.R.SELVAM Vs. PAPPA

JUDGEMENT

(1.) These Civil Revision Petitions have been filed as against the order dtd. 8/6/2016 passed by the learned II Additional District Munsif, Salem, in I.A.Nos.142 and 143 of 2015 in O.S.No.56 of 2011, thereby allowing the petitions seeking appointment of the Advocate Commissioner and to get hand writing experts opinion.

(2.) The petitioner is the first defendant and the respondents 1 and 2 are the plaintiffs. The respondents 1 and 2 filed suit in O.S.No.56 of 2011 for partition and declaration to declare the Wills dtd. 23/11/2003 and 5/10/2009 are fabricated, false and forged one and also to declare that the release deed dtd. 17/9/2003 is null and void, with consequential injunction not to alienate the suit properties. While pending the suit, the respondents 1 and 2 filed applications seeking appointment of Advocate Commissioner for taking the disputed Will dtd. 23/11/2003 and the admitted document viz., the settlement deed dtd. 17/9/2003 and also for comparing the disputed signature in the Will dtd. 23/11/2003 with admitted signature of the deceased found in the Settlement deed dtd. 17/9/2003 and get hand writing expert's opinion from the Central Forensic Science Laboratory, Hyderabad. Both the petitions were allowed and aggrieved by the same the present Civil Revision Petitions.

(3.) The learned counsel appearing for the petitioner would submit that these applications were filed by the respondents 1 and 2 on the third occasion in order to seek hand writing expert's opinion with regard to the Will. The petitioner has claimed the suit properties through Will. Therefore, the burden of proof is only on the shoulder of the petitioner and the petitioner has to be prove the Will in the manner known to law. The hand writing experts opinion would not held in any way to prove the Will or disprove the same.