RAM AVATAR SONI versus MAHANTA LAXMIDHAR DAS AND ORS.

RAM AVATAR SONI versus MAHANTA LAXMIDHAR DAS AND ORS.

The District Judge was correct in allowing the application under Order XXVI Rule 10A CPC to send the Will in question to a hand-writing expert for comparison with admitted signatures. Challenging the genuineness of the Will includes challenging the genuineness of the signature. The High Court erred in setting aside the District Judge's order; the Will and admitted signature documents should be sent for expert analysis and trial should proceed after receipt of report.

Parties
Appellant: Ram Avatar Soni; Respondent: Mahanta Laxmidhar Das; Respondents: Others
Jurisdiction
India
Judgment Date
24 October 2018
Procedural Posture
Civil Appeal / Appeal Against High Court Order Setting Aside District Judge's Order
Outcome
Appeals allowed. High Court's order set aside.
Legal Topics
Will Genuineness, Probate Revocation, Hand Writing Expert Referral, Order XXVI Rule 10 a CPC
Succession Probate Civil Procedure Will Genuineness Probate Revocation Hand Writing Expert Referral Order XXVI Rule 10 a CPC

Case Brief

Summary, issues, holding and outcome

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Parties

Ram Avatar Soni

Appellant

Mahanta Laxmidhar Das

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order Setting Aside District Judge's Order

Legal Issues

  1. 1 Whether the Will dated 12.03.1989 executed by Mahanta Natabar Das is genuine
  2. 2 Whether the Will in question should be sent to a hand-writing expert for comparison with admitted signatures of Natabar Das

Ratio Decidendi

The District Judge was correct in allowing the application under Order XXVI Rule 10A CPC to send the Will in question to a hand-writing expert for comparison with admitted signatures. Challenging the genuineness of the Will includes challenging the genuineness of the signature. The High Court erred in setting aside the District Judge's order; the Will and admitted signature documents should be sent for expert analysis and trial should proceed after receipt of report.

Court Disposition

Appeals allowed. High Court's order set aside.

Orders

  • Will dated 12.03.1989, along with documents containing admitted signatures of Mahanta Natabar Das, to be sent to hand-writing expert for comparison.
  • Trial court to proceed with the trial after receipt of hand-writing expert's report in accordance with law.