G NARAYANAPPA Vs. GANNE LAKSHMAMMA

JUDGEMENT

(1.) This revision Petition is against the order of the Principal Senior Civil Judge, Anantapur, allowing I.A.No.179 of 2001 in O.S.No.77 of 1990.

(2.) The petitioner herein is the second defendant in the said suit. The 1st respondent herein is the plaintiff therein. She is no other than the mother of the petitioner 2nd defendant. She filed the said suit against her husband (1st defendant in the said suit - who is no more) sons and daughters (defendants 3 to 9), respondents 3 to 9 herein, and grand-son (10th defendant), 10th respondent herein, for partition of the suit schedule property. The suit schedule property originally belonged to her deceased third son - Sri G. Raghu Ramudu. She filed the said suit for partition of that property claiming a share along with the other defendants. In that suit, the defence taken by the defendants is that late Sri Raghu Ramudu executed an unregistered will - Ex.B.3 - bequeathing the property to the late husband of the plaintiff (D.1 in the said suit) and giving life estate to the 10th defendant. The plaintiff disputed that claim.

(3.) The trial in the said suit had commenced and the evidence on both sides was closed. The plaintiff then filed the said LA. under Section 151 C.P.C., red with Section 45 of the Indian Evidence Act (for short "the Act") requesting the trial Court to send Ex.B.3- will to an hand writing expert for comparing the signature therein with the signatures in Exs.A-1 to A-10 letters, which according to the plaintiff, were written by her deceased son-Raghu Ramudu to her another son-Rama Subbiah (D.4 in the suit), who was examined on behalf of the plaintiff as P.W.3.