SATINDERJIT SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) The petitioner is being sued by the respondents in the suit for declaration in respect of properties of Late Gopal Singh. Respondents No. 1 and 2 have also filed a petition under Section 372 of the Indian Succession Act for grant of succession certificate in respect of amount lying in the name of deceased Gopal Singh in the post office. The petitioner has appeared in both the cases and the genesis of his claim hinges upon a Will dated 19.7.1986 alleged to have been executed by the deceased in his favour.

(2.) Both the aforesaid revision petitions have arisen out of the proceedings in the above cases and are proposed to be disposed of by this common order.

(3.) The facts of the case are not relevant for the disposal of the cases and hence are not recapitulated herein. What has necessitated the petitioner- defendant to file the instant revision petitions are that, during the time when his evidence was going on and he already got examined five witnesses, he filed an application for appointment of a Handwriting and Fingerprint Expert to examine the Will dated 19.7.1986. The said application was allowed and accordingly the Will was examined by one Sukhpreet Kaur, Handwriting and Fingerprint Expert. This witness appeared in the witness box as DW6 and proved her report, tendered on the same day, as Ex.DW6/1. The operative part of the deposition made by this witness is as under:-