CHANDRA SHEKHAR SHARMA Vs. SHOBHA SHARMA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dtd. 1/4/2022 passed by the District Judge, Jodhpur Metro, Jodhpur, whereby the application filed by the petitioner under Order VIII Rule 1 and 3 CPC has been rejected.

(2.) The suit was filed by the respondent seeking probate of a will dtd. 23/1/1998 executed by deceased Govind Narayan. The petitioner contested the proceedings, inter alia, with the plea that the signatures on the will have been forged and that the document has been got prepared after death of Govind Narayan Sharma. The trial Court framed the issues and the burden of the document being forged was placed on the petitioner.

(3.) During pendency of the suit, the petitioner filed an application under Sec. 45 of the Evidence Act. The application came to be decided by order dtd. 19/10/2016, wherein the Court came to the conclusion that prima facie the signatures on the will as well as the admitted signatures are not different and consequently, rejected the said application.