Scientific examination under Order XXVI Rule 10A CPC applies only when it will genuinely help resolve the dispute.

Order XXVI Rule 10A CPC confers a discretionary power to direct scientific investigation only when it is necessary or expedient in the interests of justice and likely to resolve the controversy. The proposed examination of ink age on a disputed pronote and receipt was held incapable of conclusively proving the date of execution and likely to create confusion rather than assist adjudication. Although expert opinion is relevant under Sections 45 and 46 of the Evidence Act, that relevance does not enlarge the limited purpose of the provision. The civil court's refusal to order forensic examination was upheld.

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Issues: Whether the civil court was justified in ing the request to send the disputed pronote and receipt for scientific examination to determine the age of the ink under Order XXVI Rule 10A of the Code of Civil Procedure, 1908.

Analysis: Order XXVI Rule 10A confers a discretion on the civil court to order scientific investigation only where it is necessary or expedient in the interests of justice and where such investigation is likely to assist in resolving the controversy. The proposed ink-age examination was found incapable of conclusively establishing when the writing was made, because the age of ink on a document cannot reliably prove the date of execution of the writing itself and could create confusion rather than resolve the dispute. Although expert opinion is relevant under Sections 45 and 46 of the Indian Evidence Act, 1872, that relevance does not override the limited purpose and discretionary nature of Order XXVI Rule 10A. No irregularity or illegality was shown in the order of the civil court.

Conclusion: The refusal to direct forensic examination was upheld and the revision petition failed.

Ratio Decidendi: A scientific commission under Order XXVI Rule 10A of the Code of Civil Procedure, 1908 should be ordered only when the proposed investigation is likely to aid a just determination of the controversy; it is not to be granted where the exercise would be inconclusive or create confusion.

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