SUKH SINGH Vs. UMMED SINGH

JUDGEMENT

(1.) Aggrieved of the order dated 16th March. 2018, granting an application for examination of the signatures of the executor (Shri Chottu Singh) by State Forensic Science Laboratory, by the Court below; the petitioners have instituted the present writ application. Learned counsel for the petitioner, Ms.Mumal Rajvi, reiterating the pleaded facts and grounds of the writ application, asserted that Late Shri Chottu Singh, resident of Village Malarna Dungar. District Sawai Madhopur, executed his Will on 11/12/1967 and got it registered on 30/12/1967. The executor of the Will bequeathed his property to the petitioner-defendant-Shri Sukh Singh. Shri Chottu Singh, passed away in the year 1983, i.e. after about 16 years of execution of the said 'Will'. According to learned counsel, for the Will was a registered 'Will', and therefore, there can be no doubt about the genuineness of signatures of the executor (late Shri Chottu Singh). Further, an application instituted by the respondent-plaintiffs, with the same relief, was already declined by Court below on 17/10/2016, taking into consideration all the factual matrix of the case so also various legal opinions, which were referred to and relied upon by the counsel for the parties. Hence, granting an application in identical factual matrix for the same relief that was already declined at an earlier stage of the suit proceedings; is a gross error committed by the Court below for the principle of res judicata is also applicable to subsequent stages of same suit proceedings. In support of her contentions, learned counsel has relied upon opinions of the Apex Court of the land in the case of Satyadhyan Ghosal and Ors. Vs. Smit Deorajin Debi and Anr., (1960) AIR SC 941 and Y.B.Patil and Ors. Vs. Y.L.Patil, (1976) 4 SCC 66.

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(3.) Per contra; learned counsel for the respondents while supporting the impugned order dtd. 16/3/2018, contended that there cannot be any dispute on the settled legal proposition that principle of res judicata is applicable at different stages of proceedings under same suit; however, the scope of enquiry which the adjectival law provides for the decision being reached, as well as the specific provisions made on matters such decisions are some of the material and relevant factors which are to be considered before principle can be applied.