TMI Blog2018 (2) TMI 2084X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c 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 custody of the disputed document was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Will dated 06/11/1991 is the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
