Age of ink and handwriting cannot be reliably forensically determined; order for expert examination was set aside.

No reliable scientific method exists in India to determine the age of ink or the time when handwriting or a signature was affixed, so a request for forensic examination on that point was found to be futile. The dispute concerned a promissory note, where comparison of the disputed signature and expert opinion on the age of the writings were sought. Because such testing would not meaningfully assist adjudication, the order permitting appointment of a commissioner and forensic examination was set aside as legally unsustainable.

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Issues: Whether the order allowing appointment of a commissioner and sending the promissory note for forensic examination to determine the age of the ink and writings was legally sustainable.

Analysis: The petition sought comparison of the disputed signature and an expert opinion on the age of the writings and ink used in the promissory note. The Court noted that the available judicial authorities consistently held that there is no reliable scientific mechanism or facility in India to determine the age of ink or the time when handwriting or signature was affixed. In the absence of any scientifically dependable method, sending the document for such examination would be futile and would not advance the adjudication of the dispute.

Conclusion: The order permitting the forensic examination was unsustainable and was set aside, in favour of the appellant.

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