GURPAL SINGH Vs. GURMEJ SINGH

JUDGEMENT

(1.) This petitioner has filed present civil revision petition under Article 227 of the Constitution of India impugning the order dated 01.12.2017 (Annexure P-6) passed by learned Civil Judge (Junior Division), Amritsar, whereby the application filed by the respondent-plaintiff under Section 45/73 of the Indian Evidence Act, 1872 to examine the handwriting expert for the purpose of comparison of his signatures appended on the alleged Will dated 22.07.2005, was allowed.

(2.) Briefly stated, the respondent-plaintiff had filed a suit against the petitioner-defendant for declaration to the effect that the plaintiff is owner in possession of the property, as detailed in the plaint, and the alleged Will dated 22.07.2005 executed by Hazara Singh son of Maghar Singh in favour of the petitioner-defendant is illegal, as the same is result of fraud, misrepresentation, impersonation and concoction and, therefore, the said Will has no binding effect on the rights of the respondent-plaintiff.

(3.) During the pendency of the suit, the respondent-plaintiff filed an application under Section 45/73 of the Indian Evidence Act, 1872 to examine a fingerprint/handwriting expert so as to compare his signatures with the signatures appended on the Will dated 22.07.2005.