In the High Court of Punjab and Haryana at Chandigarh
RSA- 374 of 2016(O&M) Date of Decision:17.9.2018
Surjit Kaur (since deceased) through her LRs —Appellant vs.
Sukhdev Singh and others — Respondents Coram:
Hon’ble Mrs. Justice Rekha Mittal
the respondents examined Anil Kumar Gupta, Handwriting and Finger Prints Expert to prove on the basis of comparison that Will bears thumb impressions of Bhola Singh and the same tally with thumb impressions of Bhola Singh on gift deed Ex. D2, written statement and statement of Bhola Singh in civil suit No. 150 dated 24.3.1972.
Counsel for the appellant has failed to point out if testimonies of aforesaid witnesses are not worthy of credence and reliance or the same are not sufficient to prove the Will in consonance with the provisions of Section 69 of the Indian Evidence Act.
There is no counter to testimony of handwriting expert that the Will is thumb marked by Sh. Bhola Singh. For the foregoing reasons, the appeal fails and is accordingly dismissed in limine. As the appeal has been decided on merits, applications for condonation of delay of 109 days in refiling and 12 days in filing the appeal are of academic relevance.