In Brief
The appellant challenged the probate of a Will allegedly executed by Mahanta Natabar Das in favour of the first respondent, claiming it was fraudulent and fabricated. The appellant sought to send the Will to a handwriting expert to compare its signature with Natabar Das's admitted signatures from earlier court documents. The High Court set aside the District Judge's order permitting this expert examination. The Supreme Court allowed the appeal, holding that scientific investigation through expert evidence should be ordered when necessary to ascertain truth and decide material issues, particularly when challenging a Will's genuineness. The case was remitted to the trial court to obtain the handwriting expert's report and proceed with trial accordingly.
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