9911796707
TMI Blog2018 (2) TMI 2084X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 submitted. By order dated 07/10/2016 the cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 adjudicating the dispute in question. The Wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evaluation by the trial Court in the light of provisions of Order XXVI Rule 10-A(2) of the Code are concerned.
6. In that view of the matter I do not find any interference is called for as far as the order passed by the trial Court. The trial Court shall direct examination of the document dated 06/11/1991 by taking into consideration the contents of pursis dated 02/08/2017. It is made clear that both the parties would be free to object to the report of the Commissioner and the question whether the age of the ink on the Will can be determined by such examination would also considered by the trial Court after the report is received.
Writ Petition is disposed of with aforesaid directions. No costs. X X X X Extracts X X X X X X X X Extracts X X X X
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