ZAREENA BAI Vs. ALTAF

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff, aggrieved by the order dated 10.01.2020 passed in I.A.No.992 of 2019 in O.S.No.908 of 2017 by the learned XX Junior Civil Judge, City Civil Court, at Hyderabad, wherein the Court below dismissed the subject Interlocutory Application filed by the petitioner/plaintiff, under Section 45 of Indian Evidence Act, seeking to send the Memorandum of past oral Gift (Hiba) dated 25.09.2013 to forensic department for handwriting expert opinion for comparing the signatures/thumb impressions of the petitioner, who is the so- called executant, along with the admitted signatures of the petitioner on the plaint, vakalat and evidence of PW.1 (petitioner).

(2.) Heard the learned counsel for both sides and perused the record.

(3.) Learned counsel for the petitioner would submit that comparison of the signatures/thumb impressions of the petitioner, who is the so-called executant of Memorandum of past oral Gift (Hiba) dated 25.09.2013 is essential for determination of the subject suit, which is filed to declare the oral hiba dated 05.02.2012, Memorandum of past oral gift (hiba) dated 25.09.2013 and registered gift deed dated 10.01.2014 document No.128/2014 as null and void. The original Memorandum of past oral Gift (Hiba) dated 25.09.2013 is forged and fabricated and it was created to knock away the suit schedule property. The petitioner has not signed on the said document. To arrive at a just conclusion, the examination of the subject document dated 25.09.2013 by handwriting expert along with the admitted signatures of the petitioner on the plaint, vakalat and evidence affidavit of PW.1, is necessary and ultimately prayed to allow the subject Interlocutory Application as prayed for.