Will -- Suspicious circumstances - Different ink in body and the date appearing under the writers signature - Date put at the end of contents also in different ink and blank space was kept for filling up the date - Both dates appearing to be interpolations - The legal colour which the transaction was given was of family settlement - Nothing at all in the document inspires..........
Evidence Act, 1872, Section 45 -- Experts evidence - Court may accept only when it is satisfied by examining disputed signature itself...........
Will -- Execution - Proof - One attesting witness supported case in examination-in-chief but during cross examination he pretended to be hard hearing and was discharged as he not able to make a sensible statement - The condition of the second attesting witness deteriorated on account of old age and the witness not fit to make a statement - Scribe died but his grandson..........
Agreement of sale -- once the signature are accepted the onus to prove that the agreement of sale was got executed by deception and fraud shifts on defendant. (Evidence Act, 1872, Ss. 101, 102)...........
Execution of document -- Does not mean merely signing - It means putting the signature of thumb impression over it by the executant after it is written out, read over and understood by him...........
Promissory note -- Mere admission of signature or thumb impression - Does not amount to the admission of execution of the promissory note...........
Promissory note -- Defendant admitted his signature but put forward blank paper theory - Plaintiff has to prove that defendant knowing it to be a promissory note put his signature. (Evidence Act, 1872, S.67)...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit based on pronote - Defendant denying his signature on pronote - Triable issue arises - Unconditional leave to defend should be given...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - After close of evidence plaintiff sought to lead additional evidence to get thumb impression/signature compared on the alleged sale deed - Controversy between parties as to whether the thumb impression/signature on the alleged sale deed are forged or not - Petition allowed on payment of Rs.300/- as..........
Evidence Act, 1872, Section 114 -- Agreement to sell - Defendant denying execution and stating that blank signed paper was left with the plaintiff - When document is admitted to bear signature, burden of proof shifts upon the person alleging execution nugatory...........
