PAWAN KUMAR JHUNJHUNWALA Vs. SANKARLAL JHUNJHUNWALA

JUDGEMENT

(1.) This application under article 227 of Constitution of India is directed against Order no. 63 dated 20th September, 2011 passed by the Learned Additional District Judge, Fast Track Court II, Sealdah in OS no.3 of 2008 arising out of Probate Case no.24 of 2005.

(2.) By the said impugned Order no. 63 dated 20th September, 2011 the Learned Fast Track Court was pleased to allow the application dated 20th July, 2011 filed by the defendant no.3, Sankarlal Jhunjhunwala under Order 26 Rule 10A of the Code of Civil Procedure seeking scientific investigation through handwriting expert of the questioned signature of Sitaram Jhunjhunwala, the testator as appearing on the impugned will with any other admitted signature of the said testator for proper adjudication.

(3.) The brief facts of the case are as follows:- The petitioner herein, Pawan Kumar Jhunjhunwala is the plaintiff before the Learned Trial Court in Probate Case no.24 of 2005 filed before the Learned District Delegate at Sealdah praying for grant of Probate of the will executed by Sitaram Jhunjhunwala on 21st June, 2002.