CHANDRAKANTI DEVI Vs. KAILASH PRASAD TIWARY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is applicant in probate case No. 23/1995 which she had filed for probate of the Will dated 11.9.1972 claimed to have been executed by her father-in-law namely, Ramsurat Tiwary in the said case OP Nos. 10 to 12 appeared and contested claiming that no such Will was executed by Ramsurat Tiwary, who is fact, executed sale-deed dated 21.1.1971 in favour of Uma Shankar Prasad and others.

(3.) While the said case was pending, on the direction of the Court, Uma Shankar Prasad produced a photo-copy of the original sale-deed dated 21.1.1971 said to have been attested by Sub- Registrar, Shikarpur, Sub-Registry Office, whereafter OP Nos. 10 to 12 filed a petition in the trial Court for taking photograph of the signature of Ramsurat Tiwary over the Will dated 11.9.1972 filed by the plaintiff for comparing it with the signature of Ramsurat Tiwary in the photo-copy of the sale-deed dated 21.1.1971. The applicant objected to the said petition claiming that unless the original or the certified copy of the sale-deed is brought on record and/or unless the Registers of LTI and signatures are called for from the Registry Officer, no such comparison can be allowed on the basis of some document which is not admissible in law. However, the learned Additional District Judge-VI, Bettiah, West Champaran, by his impugned order dated 18.3.2002, allowed the petition of Opposite Parties in probate case No. 23/1995 and permitted them to take photograph of the signature of Ramsurat Tiwary from the Will and from the photo-copy of the sale-deed.