DILIP KUMAR PRASAD Vs. DILIP KUMAR SINHA

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, wherein order dated 12.06.2018 (annexure-1) passed in Probate Case No.05 of 2006 as well as order dated 13.08.2018 (annxure-4) passed in Revocation Case No.89/2018/Civil Review Application No.89 of 2018 passed by the learned Additional Judicial Commissioner-VI, Ranchi has been challenged, whereby and whereunder the petition filed by the opposite party nos.5 to 10 (petitioners herein) to send the signature and thumb impression of the deceased late Lalita Devi to expert for scientific examination has been turned down, the same has been affirmed by Reviewing Court.

(2.) The brief facts of the case of the petitioner is that a probate case is going being Probate Case No.05 of 2016, wherein the respondents have filed a petition on 16.11.2011 for a direction to produce any authentic document containing the signature of late Lalita Devi, so that the same may be sent to expert for scientific examination along with the alleged disputed signature available on the Will dated 23.06.1990 (Exhibit-8).

(3.) The Probate petitioner/respondents herein, has filed rejoinder and submitted that there is no any other signature of late Lalita Devi on any other authentic document and after hearing the parties, the Court below has passed an order on 21.12.2011 observing therein that if any such document is brought by the probate petitioner, an adverse inference may be taken by the Court.