KRISHNA MAZUMDAR Vs. HASHI MITRA

JUDGEMENT

(1.) The defendant has filed an application being GA No. 11 of 2023 praying for a direction upon the Manager, State Bank of India, Southern Avenue Branch for production of the documents lying in the bank locker of the deceased Krishna Mazumder so that the said document can be sent to the expert as admitted signatures of the deceased for comparison of the signatures of the deceased appearing in the alleged last Will and Testament of the Testator dtd. 8/3/2016.

(2.) The defendant had filed another application being GA No. 12 of 2023 praying for appointment of handwriting expert to examine the disputed signature of Krishna Mazumdar appearing in the alleged Will with the admitted signature of the deceased. The plaintiff has initially filed an application being PLA No. 310 of 2016 for grant of probate of the last Will and Testament of the deceased Krishna Mazumdar dtd. 8/3/2016. On receipt of caveat and affidavit in support of the caveat, the PLA No. 310 of 2016 is converted to Testamentary Suit No. 23 of 2017.

(3.) The plaintiff had examined two witnesses to prove the Will i.e. the attesting witnesses of the Will. The defendant in the affidavit in support of the caveat has taken the defence that the alleged Will dtd. 8/3/2016 is entirely fake, frivolous, concocted and manufactured. The defendant has further stated that the signature appearing in the alleged Will is not the actual signature of the deceased Krishna Mazumdar.