HARBHAJAN SINGH Vs. NIRANJAN SINGH

JUDGEMENT

(1.) BY way of present revision petition challenge is to the order dated 30.11.1998 passed by the learned Civil Judge (Junior Division), Amritsar dismissing the application moved by petitioners for taking photographs by Handwriting Expert for comparison of the thumb impressions of Ram Kaur on the Will dated 23.12.1980 with her thumb impressions on power of attorney dated 16.8.1979.

(2.) THE application moved by the petitioners was dismissed by the learned Trial Court by holding that both the documents on which alleged thumb impressions of Ram Kaur were said to be in existence were disputed documents and therefore, no comparison of the said documents can be allowed. Learned Trial Court came to the conclusion that the signatures or thumb impressions can only be allowed to be compared with the admitted signatures or thumb impressions.

(3.) MR . P.L. Singla, learned counsel for the respondents on the other hand relied upon the judgment of Hon'ble Madras High Court reported as Marappa Gounder v. Kandasamy, 2003(1) RCR(Civil) 337 to contend that comparison of signatures on documents can be made only with the admitted signatures and that too with the document that existed prior to the filing of the suit. Thus, the contention of the learned counsel for the respondents was that no fault could be found with the order passed by the learned Trial Court.