M MUNUSAMY Vs. SARASWATHY

JUDGEMENT

(1.) The revision petition is directed against the order dismissing an application under Section 45 of the Indian Evidence Act to send the Will dated 15.12.1966 to be compared with the admitted signature found in other documents.

(2.) The suit is filed by the plaintiffs for partition. As against the claim of the plaintiffs, the defendants had relied upon a Will dated 15.12.1966 alleged to have been executed by Veeriah Chetty. The entire defence of the defendants is only based on the alleged Will. According to the plaintiffs, the said Will is ante-dated and fabricated document, as the same was not executed by the said Veeriah Chetty. The said Veeriah Chetty had executed mortgage deeds dated 24.10.1960 and 01.03.1966, which are registered documents and they are subsequently discharged. The plaintiffs claim to be in possession of the document dated 24.10.1960 and the document dated 01.03.1966 is with the respondents / defendants. Therefore, with regard to the truth and genuineness of the Will, the plaintiffs wanted to compare the signature found in the alleged Will with that of the signature found in the above said mortgage deeds.

(3.) The said application was resisted by the defendants and their main objection is that if the documents are sent outside the Court, it will be lost. As the same should not be sent outside the Court, it is for the expert to come to the Court and verify the document in the Court itself.