SUDIPA DAS Vs. ABHIJIT DAS

JUDGEMENT

(1.) This revisional application is directed against the order no. 29 dated July 14, 2016 passed by the learned Additional District Judge, 13th Court, Alipore in Original Suit No. 3 of 2014, by which an application for appointment of a handwriting expert for comparison of the signature of the testator appearing in the affidavit filed in the Court of law and the alleged Will is rejected. Though there is no impediment on the part of the Court to compare the disputed signature with the signatures appearing in other documents, but such task should not be shouldered by the learned Court; rather an opinion of the expert should be taken.

(2.) The Trial Court while rejecting an application for appointment of handwriting expert have proceeded to take up the burden of comparing the signature of the testator and conclusively held that he does not find any discrepancy therein.

(3.) The propounder is raising serious objection over the signature appended on the said document or in other words has challenged the said document branding it to be ingenuine and manufactured for the purpose of the instant case.