MANJINDER KAUR Vs. MANPREET SINGH

JUDGEMENT

(1.) Petitioner-defendant No.l is aggrieved by impugned order dtd. 5/12/2025 passed by Civil Judge (Senior Division) Tam Taran vide which learned Court of First Instance had allowed an application under Sec. 151 CPC preferred by plaintiffs seeking permission for comparison of disputed signatures and thumb impression of deceased-Bachan Singh on the alleged registered Will and its endorsement dtd. 12/4/2006, disputed entries in register of deed writer-Sarabjit Singh with standard signatures and thumb impression of deceased-Bachan Singh with original adoption deed dtd. 16/5/2005, original transfer deed dtd. 13/5/2016 and original sale deed executed by Beant Singh dtd. 28/12/2005 as well as for comparing signatures of attesting witness Gurmej Singh on the alleged Will dtd. 12/4/2006 with the standard signatures of Gurmej Singh appended in register of deed writer-Sarabjit Singh regarding Will dtd. 12/4/2006.

(2.) The said application was opposed by defendant No.l. The learned Court of First Instance after considering respective contentions raised before it by the parties concluded that plaintiff-defendant No.l is entitled to lead evidence of expert-witness in rebuttal in order to rebut Will dtd. 12/4/2006. However, request for comparison of signatures of attesting witness-Gurmej Singh was rejected on the ground that the comparison is not being sought with standard signatures.

(3.) Plaintiff had filed a suit for declaration claiming plaintiff No.l to be adopted son of Late Bachan Singh. Plaintiff No.2 claimed to be widow of Late Bachan Singh and sought succession being Class-I heirs over the estate of Bachan Singh. On notice, defendant Nos.l to 4 claimed suit property owned by Bachan Singh on the basis of Will dtd. 12/4/2006.