SARADA DEVI Vs. RANG LAL CHAUDHARY AND OTHERS

JUDGEMENT

(1.) This application, under article 227 of the Constitution of India, has been filed for setting aside the order, dated 13.04.2017, passed by learned Additional District Judge II, Vaishali, at Hajipur, in Probate Case No. 01 of 2008, whereby he has allowed taking photographs of the L.T.I. over a deed of Will and an L.T.I. upon a petition for grant of old age pension said to be of the testator, for comparison by a fingerprint expert.

(2.) The said probate case has been filed by the petitioner for grant of probate/letters of administration in respect of a Will, executed by one Jawahar Lal Chaudhary, in favour of the petitioner. The petition for grant of probate/letters of administration has been objected to by the contesting respondents and apparently they have challenged the signature of the testator on the Will. The respondents appear to have pleaded before the court below that the alleged deed of Will is forged and fabricated. It appears from an order, dated 20.10.2011, passed by Learned District Judge, Vaishali, in the probate case that the contesting respondents had earlier filed a petition to call for certain documents from the Block Office, Hajipur, which bore the thumb impression of the said Jawahar Lal Chaudhary, for the purpose of comparison of the handwriting available on the alleged Will by a fingerprint expert. The said petition was allowed by the said order, dated 20.10.2011, and accordingly the contesting respondents were given two months' time to complete all the formalities of examination of thumb impression by an expert, indicating clearly that no opportunity would be given to them any further. The petitioner did not challenge the said order dated 20.10.2011.

(3.) It appears from the materials on records of the present case that on receipt of the records from the Block Office, the contesting respondents filed a petition for obtaining the photograph of the signature of Jawahar Lal Chaudhary available on the petition filed by him for grant of old age pension. The said petition was contested by the petitioner asserting that the said Jawahar Lal Chaudhary had never applied for grant of old age pension. The petitioner also asserted that no old age pension was ever released in favour of Jawahar Lal Chaudhary nor any bank account was opened in his name for this purpose.