ARVIND KUMAR Vs. AVINASH KUMAR & OTHERS

JUDGEMENT

(1.) Heard.

(2.) Order dated 29.11.2017, passed by learned Senior Civil Judge, Court No.1, Kangra in an application filed under Section 73 of the Indian Evidence Act ultimately treated to be an application under Section 45 of the Act, whereby the application has been dismissed, is under challenge in this petition, on the grounds inter alia that learned trial Judge has failed to appreciate that the Will, on the face of it, is a forged and fictitious document and as such erroneously declined the permission to compare the signature of the testator deceased Ramesh Chand with his admitted signature.

(3.) In the application, Annexure P-3 to this petition, there is no mention that the admitted signatures of the testator late Shri Ramesh Chand are available with the petitioner-plaintiff. As a matter of fact, the prayer for comparison of signature or hand writing of a person can only be made in a case where the admitted signature or hand writing of such person is available. In the case in hand irrespective of the respondents-defendants categorically pointed out in reply to the application that without the admitted signature of deceased Ramesh Chand, no case for comparison of his signature on the Will is made out, the petitioner-plaintiff has failed to controvert the same in rejoinder or place on record the admitted signature of said Shri Ramesh Chand, if any.