Lal Muni Devi v. Estate of Late Ram Peyari Devi
Case brief
What is this about?
Patna High Court C.Misc. No.305 of 2020, decided 26-02-2024 by Arun Kumar Jha, J. Probate/testamentary suit context: applicant sought forensic comparison of testatrix's left thumb impression (LTI) with certified copy of sale deed, alleging the Will was forged by respondent no.3. Applications under Order 18 Rule 11 read with Section 141 CPC rejected; earlier identical application rejected on 23.02.2017 and attained finality. Holding: repeat application with same prayer not maintainable after rejection by competent court; impugned order affirmed; petition dismissed. Keywords: thumb impression comparison, LTI, handwriting/fingerprint expert evidence, Order 18 Rule 11 CPC, Section 141 CPC, maintainability, probate, Testamentary Suit No.10 of 2010, Probate Case No.243/2009, Additional District Judge-VI Patna.
What did the court decide?
Once an application with the same prayer has already been rejected by a competent court, another application with the same prayer is not maintainable; the learned trial court therefore rightly rejected the petitioner's applications.