Evidence Act, 1872 — Section 58 — Reopening of evidence — Recall of witness — Sending documents to handwriting expert — Suit for declaration of title — Defendant relies on unregistered Will — Plaintiff seeks reopening, recall of P.W.1 and sending documents for comparison of thumb impressions — Where defendant himself admits that thumb impressions on disputed and admitted documents are not similar, though explaining the dissimilarity, such fact need not be proved in view of Section 58 — Sending documents to expert is unnecessary — Reopening of evidence and recall of witness for said purpose is redundant — Trial Court rightly dismissed the applications — No interference warranted under Article 227 — Civil Revision Petitions dismissed. (Paras 9 to 13)

advocatemmmohan

Evidence Act, 1872 — Section 58 — Reopening of evidence — Recall of witness — Sending documents to handwriting expert — Suit for declaration of title — Defendant relies on unregistered Will — Plaintiff seeks reopening, recall of P.W.1 and sending documents for comparison of thumb impressions — Where defendant himself admits that thumb impressions on disputed and admitted documents are not similar, though explaining the dissimilarity, such fact need not be proved in view of Section 58 — Sending documents to expert is unnecessary — Reopening of evidence and recall of witness for said purpose is redundant — Trial Court rightly dismissed the applications — No interference warranted under Article 227 — Civil Revision Petitions dismissed.
(Paras 9 to 13)