CHITTRU Vs. PAL AND ANOTHER

JUDGEMENT

(1.) By way of this petition, petitioner has challenged order dated 27.04.2018, passed in CMP No. 171 of 2018, in Civil Suit No. 716 of 2013, vide which, application filed under Section 73 of the Indian Evidence Act by the petitioner/ plaintiff for comparison of the finger/thumb impression of the deceased Sunder Singh over the disputed Will with purported admitted documents, stands dismissed by the learned Court below.

(2.) Brief facts necessary for adjudication of the petition are that petitioner/plaintiff (hereinafter referred to as 'plaintiff') has filed a suit for declaration as also for joint possession and injunction against the respondents/ defendants to the effect that Will dated 28.06.1995 be declared as null and void and plaintiff and defendant No. 1 be declared owners of the suit land in equal shares on the basis of Will dated 04.01.1986.

(3.) The suit was filed in the year 2010. During the pendency of the suit, at a belated stage, when the case was at the stage of arguments and same stood adjourned six times on the request of plaintiff, an application was filed by the plaintiff under Section 73 of the Indian Evidence Act for comparing finger/thumb impression of deceased Sunder upon disputed Will and sale deed with his admitted finger/thumb impression upon Will dated 04.01.1986. The application is dated 15th September, 2017.