Jagtar Singh vs Jagjit Singh & Ors on 26 August, 2014

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Punjab-Haryana High Court

Jagtar Singh vs Jagjit Singh & Ors on 26 August, 2014

Bench: Rajiv Narain Raina

                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH


                                                                  Civil Revision No.5710 of 2014
                                                                   Date of Decision : 26.08.2014

                     Jagatar Singh

                                                                                   .....Petitioner

                                                         Versus

                     Jagjit Singh and others
                                                                                .....Respondents

                     CORAM : HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

                     Present :       Mr.R.D.Bawa, Advocate
                                     for the petitioners.

                     1.        To be referred to the Reporters or not?
                     2.        Whether the judgment should be reported in the Digest?

                     RAJIV NARAIN RAINA, J. (Oral)

Though I find nothing exceptionable in the Civil Judge (Junior Division), Batala allowing the application for comparison of the signatures appearing on the front and reverse side of the will of Buta Singh but any comparison would have to be with the standard signatures of Buta Singh which are admitted and beyond reproof.

Mr.Bawa submits that the trial Judge has fallen in error in not appreciating the law on the subject and has erred by misunderstanding of the law of producing expert evidence with respect to signatures and thumb impressions. By mere comparison between the signatures on the front and reverse side of the will, it will not conclude any question of fact unless both of them are compared with his standard signatures of the decedent testator wherever available and found true to PARITOSH KUMAR 2014.08.28 09:55 I attest to the accuracy and integrity of this document the satisfaction of the trial Court. Therefore, the impugned order dated 5.7.2014 is modified to the extent that comparison may be done through a Hand Writing and Finger Print Expert whose evidence is sought to be produced by the calling party but before that both the parties be heard on any material furnished by the calling party to be the standard signatures of Buta Singh fur their comparison on the will.

With this modification and direction, this petition stands disposed of.

(RAJIV NARAIN RAINA) JUDGE August 26, 2014 Paritosh Kumar PARITOSH KUMAR 2014.08.28 09:55 I attest to the accuracy and integrity of this document

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