SHAMPA SARKAR
Aduri Das – Appellant
Versus
Manojit Kumar Das – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. The revisional application arises out of an order dated April 21, 2023, passed by the learned Civil Judge (Junior Division) at Kalyani, Nadia, in Title Suit No.58 of 2015.
2. By the order impugned, the learned court rejected an application dated March 14, 2023, filed by the plaintiffs under Section 45 of the Indian Evidence Act, 1872. The plaintiffs had prayed for opinion of a scientific expert, upon comparison of the Left Thumb Impression (LTI) of late Jasoda Sundari Das on the alleged deeds bearing no.4944 of 1987 and the 4945 of 1987 with the LTI of late Jasoda Sundari Das in the patta deed, which was the admitted LTI of the deceased and was already on record. The opinion sought was whether the LTIs in the alleged deeds was of the same person, whose LTI appeared on the patta deed.
3. The questioned deeds had been marked as X and Y for identification and had been filed by the principal defendants, who claimed that they had been gifted the property by late Jasoda Sundari Das. The plaintiffs denied such deed and contended that their mother could sign. Thus, the LTI on the questioned deeds were not that of their late mother. A prayer was accordingly mad
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