BALWANT SINGH Vs. DALIP KAUR

JUDGEMENT

(1.) This Revision petition is directed against the order of the learned trial Court dated 13-12-1996 whereby the Court allowed the application of the plaintiff for producing an Expert at the stage of rebuttal. The main grievance of the petitioner against the impugned order is that the learned trial Court has exercised the jurisdiction which was not vested in it, in accordance with law. Allowing examination of an Expert for comparing the signatures on a Will in rebuttal is not permissible in law and the orders suffers from an error apparent on the face of the record.

(2.) In order to appreciate the contention raised on behalf of the petitioner it would be desirable to refer to the necessary facts. The plaintiff had filed the suit challenging the validity of the registered Will dated 12-4-1994 executed by Mohan Singh in favour of the petitioner herein. Vide order dated 28-3-1995 the learned trial Court framed the following issue :-

(3.) It may also be noticed here that in the suit the basic controversy raised before the Court is whether Mohan Singh could at all execute the said Will as the property was ancestral and the Will was false, illegal and ineffective document. Relief of joint possession was claimed on other grounds as well.