2018 (2) TMI 2084

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f Civil Procedure, 1908 (for short, the Code) for undertaking scientific examination of alleged Will dated 06/11/1991 (Exhibit-57) has been allowed. Directions were issued for referring the document to the concerned expert for opinion regarding age of the ink or any other relevant matter. Thereafter on 02/09/2016 the trial Court passed an order below Exhibit-1 noting that the Commissioner had expressed that unless the lamination that was put on the said document was removed, the document could not be examined. Thereafter the plaintiff filed an application for recalling the order dated 02/09/2016. The trial Court on 04/10/2016 did not recall that order but directed that physical verification be done into Court itself and the report be submit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the expert would be open to challenge. As the expert had opined that the examination could be carried out without removing the lamination cover, a pursis was filed stating the manner in which such examination would be conducted in the presence of representatives of both the parties. He submitted that this aspect of the matter as to the age of the ink was required to be determined considering the fact that the dispute was based on that document. 4. I have heard the learned counsel for the parties at length and I have perused the material placed on record. Under provisions of Order XXVI Rule 10A of the Code a discretion is conferred on the Court to direct scientific examination of any document which in its opinion would be relevant for ....