Court comparison of signature under section of evidence act

rajashekhar (Querist) 05 August 2020 This query is : Resolved
respected sir the plantiff filed I.A for examination of signature of witness on will deed with signatures on cross examination record but same witness has given evidence throgh commissioner that he was not present on the occasion of execution of will deed and he said his signature on will deed is forged .but plantiff insists on application under section 45 for expert opinion .but trial court dismissed I.A saying application is belated as it is filed at the time of opening of arguments by plantiff and courts power to compare signature on will deed .can C.R.P of plaintiff allowed in high court ? please give opinion about chance of success of C.R.P where plantiff took time to file C.R.P in high court

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This discussion concerns a legal dispute over a witness's signature on a will deed. The plaintiff requested an expert opinion to compare the signature, but the trial court dismissed the application as belated. The witness themselves testified that they were not present during the will's execution and that their signature was forged. The chances of the plaintiff succeeding in a higher court are considered slim, as direct oral evidence from the witness carries more weight than expert opinion, and proving the signature alone doesn't guarantee the will's validity.

Dr J C Vashista (Expert) 06 August 2020
What is the subject matter of the case / suit / petition and where (name of the Court/ Station) ?
What is your locus standi and concern ?

Isaac Gabriel (Expert) 06 August 2020
Act accordindg to your counci.

Rajendra K Goyal (Expert) 06 August 2020
Discuss with your lawyer, approach appellate authority against the orders of trial court.

K Rajasekharan (Expert) 06 August 2020
In the direct, oral evidence, the witness declined having signed the Will, nor present when it was executed, and that the signature of him was a forged one.

A witness to a Will is a crucial element in proving not only the signature but also many factors relating to the execution of the Will.

Even if the paintiff proves that it is the signature of the witness that is not enough to prove the Will and get a favourable order.

Above all, expert evidence is a weaker form of evidence than the direct, oral evidence.

So the chance of getting any favourable judgement for the plaintiff is very bleak, even if the court allows expert evidence in the revision petition.

Rajendra K Goyal (Expert) 09 August 2020
You should take a chance and try for orders from higher court.

Whether there was another witness to the will, what was the gist of his witness?

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