G BOOPATHI Vs. CHANDRAKANTHI

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 22.08.2008 passed by the learned District Munsif, Gobichettipalayam in I.A.No,609 of 2008 in O.S.No.174 of 2003, this civil revision petition is focussed.

(2.) HEARD the learned counsel for the petitioner as well as the learned counsel appearing for the respondents.

(3.) WHEREAS the learned counsel for the respondents/defendants would detail and delineate, express and expatiate that earlier I.A.No,490 of 2005 was filed by the same petitioner for referring both the Left Thumb Impression as well as the signature of the testator for comparing the same with the admitted Left Thumb Impression and signature but the trial Court was pleased to reject the prayer of the petitioner for referring the disputed signature in the Will for expert opinion but only referred the Left Thumb Impression for being compared. Accordingly, the expert examined the disputed left thumb impression with that of the admitted left thumb impression of the testator and furnished report that the impugned left thumb impression in the Will is not a genuine one whereupon after a long lapse of five years, I.A.No,609 of 2008 was filed seeking the Court to refer the disputed signature also to the expert for being compared with the admitted signatures the second application is barred by res judicata and accordingly, the lower Court was right in dismissing the application relating to which, no interference is warranted.