JASWANT SINGH Vs. ISHAR SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated October 17, 1981, whereby the application filed by the plaintiff-petitioner for comparison of the finger-prints of Partap Singh, deceased on the will, in question, with his finger-prints, on the register of the deed writer, was declined. The main consideration for dismissing the application which weighed with the trial Court was that it could not be said that the thumb-impressions on the deed-writer's register were the admitted thumb-impressions of the said Partap Singh and, therefore, the comparison of the same will not serve any useful purpose for the decision of the controversy between the parties. Admittedly, the plaintiff has led some evidence to prove the thumb-impression of Partap Singh deceased, on the register of the deed-writer. With that thumb-impression, the plaintiff wants to compare the thumb-impression of Partap Singh, deceased, on the will, in dispute. Under these circumstances, it could not be pre-judged that the thumb-impression of Partap Singh, deceased, on the register of the deed-writer was a genuine one or not. In this view of the matter, the trial Court has acted illegally and with material irregularity in the exercise of its jurisdiction.

(2.) Consequently, the impugned order dated October 17, 1981, passed by the trial Court is set aside and the plaintiff's application for comparison of the finger-prints of Partap Singh deceased, on the will, in dispute, with the finger-prints on the register of the deed-writer, is allowed with no order as to costs.