SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Cal) 228

SHAMPA SARKAR
Aduri Das – Appellant
Versus
Manojit Kumar Das – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Deblina Lahiri, Mr. Mrinmoy Chatterjee
For the Opposite Parties : Mr. Chitta Ranjan Chakraborty, Mr. Dipjyoti Chakraborty Mr. Sumit Banerjee

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

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top