GANGA PRASAD AND OTHERS Vs. SIYABAI (SINCE DEAD)

JUDGEMENT

(1.) This petition has been filed by the petitioners challenging the order dated 11.08.2016 passed by XI Additional District Judge, Jabalpur rejecting the application of defendants/ petitioners filed under Order 14 Rule 2 of the Code of Civil Procedure.

(2.) As per facts of the case that a Civil Suit has been filed by Smt. Siyabai who later on died and her legal heirs have been brought on record. The Suit was for declaration and permanent injunction against the defendants/present petitioners alleging that she had not executed power of attorney in favour of defendant/respondent No.3 herein and as such, declaration has been sought that the sale deed executed in favour of other defendants shall be declared as null and void.

(3.) A written statement was filed by the defendants/present petitioners denying the allegations made in the plaint. Defendant No.5 also filed written statement stating therein that Smt. Siyabai had executed the power of attorney in his favour and executed the sale deeds, received full sale consideration and she never wanted to challenge the sale deeds but at the instance of her husband, the Civil Suit has been filed in the name of Smt. Siyabai whereas, plaint submitted in her name was not signed by her. It was alleged by the defendant No.5 that plaint contained forged and fabricated signature of Smt. Siyabai and then he moved an application under Section 45 of the Evidence Act for examining the signature of Smt. Siyabai over the plaint comparing her admitted signature. No reply was filed to the said application. The application was allowed by the Court below and the signature of Smt. Siyabai of the plaint got examined by the hand writing expert namely Shri K.R. Pillai who submitted his report before the Court below saying that the signature over the plaint does not tally with the original signature of Smt. Siyabai. Thereafter, an application under Order 14 Rule 5 of the Code of Civil Procedure was moved for framing additional issue regarding forged and fabricated signature over the plaint and its effect.