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Madhya Pradesh High Court · body

2017 DIGILAW 78 (MP)

Neerja Bhargava v. Jyoti Sharma

2017-01-13

VIVEK AGARWAL

body2017
ORDER : Vivek Agarwal, J. 1. Shri P.C. Chandil, learned counsel for the petitioners. Shri Tej Singh Mahadik, learned counsel for respondents no.1 to 4. 2. With consent of the parties, the petition is heard finally. 3. Shri P.C. Chandil, learned counsel for the petitioners has submitted that the learned Court below has erred in dismissing the application for examination of the signatures which have been appended on the Will by the testator in the hands of handwriting expert under Section 45 of the Evidence Act. 4. Learned counsel for the respondents no.1 to 4 submits that he has no objection in such examination, but his only objection is that service-book cannot be taken as a public document and signatures may be verified from the Bank account of author of the Will. 5. In view of consent given by the learned counsel for respondents no.1 to 4, this petition is disposed of with a direction that the trial Court shall permit the petitioners to produce such other public documents besides the one which has been filed by the petitioners in the form of service-book like Bank account maintained with a Nationalized Bank or papers which must have been filled by the testator of the Will for obtaining pension from the concerned Bank, from where pension was disbursed in favour of said Smt. Kamla Sharma and then the Court shall permit examination of those signatures on the documents of the Bank in the hands of an expert. Thus, the impugned order hereby stands quashed. Certified copy as per rules.