This revision petition is filed by the defendant in the suit who lost the case before the Trial Court and preferred appeal in A.S.No.94/11. Pending appeal, she has taken out an application to appoint an expert for comparing Will marked as Ex.B13 dated 08.09.2001 with an application signed by the Testator in the year 1969 and marked as Ex.B22.
2.The appellate Court, after considering the petition and the counter filed thereof, held that the application to compare signatures found in Exs.B13 and B22, have been filed belatedly and it is not prudent to compare a document of the year 2001 with that of the document signed in the year 1969.
3.Further, the Trial Court has also pointed out that instead of adducing evidence and examining the attesting witness of the Will as mandated under the Indian Succession Act and Indian Evidence Act, the petitioner has belatedly filed this application for comparison of signature, which is of no use to enhance the case of the appellant.
4.This Court finds no error in the aforesaid finding of the Trial Court. Therefore, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
To The Sub Court, Kuzhithurai..