Birmati vs Naseeb Singh

The Supreme Court held that the earlier rejection of the appellant's prayer for comparison of her signature and thumb impression did not operate as res judicata, allowing her to make a similar request at a later stage. The Court found that the trial Court's dismissal of the application on the grounds of res judicata was a jurisdictional error, and the High Court failed to exercise its jurisdiction under Section 115 of the Code of Civil Procedure. Consequently, the appeal was allowed, and the orders of the lower courts were set aside, permitting the comparison of the signatures and thumb impressions.