PRABHAWATI DEVI Vs. RAMCHANDRA THAKUR

JUDGEMENT

(1.) Heard Mr. Anshuman, learned counsel for the petitioners.

(2.) The petition filed by the petitioners before the learned Additional District Judge-XVI, in Probate Case No. 6 of 2001 for comparing the signature of Nandlal Thakur (Testator) over the compromise petition filed in Partition Suit No. 56 of 1956, be compared with the signature made over in the two sale deeds dtd. 5/5/1986 and 16/5/1986 respectively has been rejected.

(3.) Learned counsel for the petitioners submits that the learned court below has rejected the request of the petitioners for comparison of the signature of the testator from two sale deeds on the ground that earlier the signature of Nandlal Thakur (Testator) made over the compromise petition filed in partition Suit No. 56 of 1956 has already been compared by the Forensic Science Laboratory Finger Print expert with the Deed of Will in question. Submission is that in other words the opinion of the finger print expert has been taken as sacrosanct by the court below which is not permissible under Sec. 45 of the Evidence Act.