- (1.) This revisional application is directed against the order no. 29 dated July 14, 2016 passed by the learned Additional District Judge, 13th Court, Alipore in Original Suit No. 3 of 2014, by which an application for appointment of a handwriting expert for comparison of the signature of the testator appearing in the affidavit filed in the Court of law and the alleged Will is rejected. Though there is no impediment on the part of the Court to compare the disputed signature with the signatures appearing in other documents, but such task should not be shouldered by the learned Court; rather an opinion of the expert should be taken.
(2.) The Trial Court while rejecting an application for appointment of handwriting expert have proceeded to take up the burden of comparing the signature of the testator and conclusively held that he does not find any discrepancy therein. In course of argument it transpires that there is no admitted signature filed in the suit. The petitioner wanted to compare the signature appearing on the alleged Will with the signature appearing on the affidavit sworn before the Notary Public which according to the petitioner was executed and signed by the said testator.
(3.) The propounder is raising serious objection over the signature appended on the said document or in other words has challenged the said document branding it to be ingenuine and manufactured for the purpose of the instant case. If the Court was of the opinion that the signature appended on the said affidavit is an admitted one, then the observations cannot be sustained in the eye of law. Comparison can be allowed when it is sought to a document whose genuinity cannot be doubted or admitted by the other side and not when the signature appended on both the documents are disputed and denied by the respective parties. Certain documents were filed along with the Firisti before the Court below and there is a categorical recording in the impugned order that there is no discrepancy so as the comparison by handwriting expert to compare the signature of the testator appearing in the alleged Will with that of an admitted signature. The Trial Court have not recorded whether the signature appearing in the other documents filed along with the Firisti is an admitted one or has been seriously disputed by the other side.;