Respondent filed a suit for declaration of execution of a Will. Applicants filed an application to reject the plaint on the ground that an expert opined the signature did not match. The Single Judge held that expert opinion is only evidence and dismissed the application.
Application seeking rejection of the plaint is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
FRIDAY, THE 25TH DAY OF JUNE 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.No. 613 of 2020
in
T.O.S.No. 45 of 2018
In the matter of the Indian
Succession Act XXXIX of
1925,
and
In the matter of Last Will and
Testament of (Late) V.Chandran
S.Mano Renjith,
S/o.M.V.Sathiadhas,
No.4/21, E'-Type, 40th Street,
Villivakkam Housing Board Scheme Phase-I,
Konnur Revenue Village,
Chennai-600 049. ... Petitioner/Plaintiff
-Versus-
2
A.No.613 of 2020:
This application praying that this Hon'ble Court be pleased to allow
the petition and reject the plaint as not maintainable.
This application coming on this day before this Court for hearing, the court made the following order:-
This application has been filed seeking rejection of the plaint in T.O.S.No.45 of 2018 on the sole ground that the expert who examined the Will has opined that the signature of the Testator does not match with the https://hcservices.ecourts.gov.in/hcservices/ admitted signatures of the Testator.
3
2. It is the fundamental principle of law that expert's opinion is only a
piece of evidence and the same will have to be considered by the Court
along with other evidence that is made available and the fact that the expert
opined that the signature does not match cannot be a ground for rejection of
the claim or plaint.
2 issues framed by the court
Whether an expert opinion stating that the testator's signature does not match is a ground to reject the plaint.
The maintainability of an application seeking rejection of the plaint based on expert opinion regarding signature forgery.
1 provisions across 1 enactments
C.Padmavathi
P.C.Sudharsanam
S.Mano Renjith
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
