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2018 (2) TMI 2084 - BOMBAY HIGH COURTUndertaking scientific examination of alleged Will - opinion regarding age of the ink or any other relevant matter - Order XXVI Rule 10A of the Code of Civil Procedure, 1908 - HELD THAT:- 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 Will dated 06/11/1991 is the document of contest between the parties. That document has been laminated and therefore the defendants were justified in expressing an apprehension that removal of lamination cover could affect the document itself. It is therefore that a statement has been made on behalf of the respondent that the expert concerned without removing the lamination would examine the said document in presence of the parties or their representatives. The manner in which such examination would be done is stated in pursis dated 02/08/2017. By taking adequate precaution to ensure that the document in question as laminated is handled with care, its scientific examination can be permitted in the light of discretion exercised by the trial Court. The same can be done by following the modality as stated by the expert and mentioned in the pursis dated 02/08/2017. It is to be noted that after the document is examined, the opinion of the expert would be available on record - While according to the defendants it is not possible to determine the age of the ink on the document, according to the expert sought to be appointed by the plaintiff such determination is possible. The value of that report as well as the question whether the method adopted by the expert throws light on the age of the ink on the document are matters which can be considered after the report of the expert is received - contentions of both the parties in that regard can be kept open for evaluation by the trial Court in the light of provisions of Order XXVI Rule 10-A(2) of the Code are concerned. No 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 - petition disposed off.
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