C.R No. 5241 of 2009 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R No. 5241 of 2009 Date of decision : November 17, 2009 Bhupinder Singh and others, ...... Petitioner (s) v. Baljinder Kaur and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Amit Jain, Advocate for the petitioners. Mr.Amit Rishi, Advocate for respondents No.1 and 2. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This petition has been filed challenging the order dated 29.1.2009 whereby the application, filed by the petitioners to permit their handwriting expert to take photographs from the original document, has been declined. As per the case, set out in the petition, even though the original Will is on the record yet by mistake the expert took photographs from a copy. During his cross-examination, this fact came to light and consequently, the instant application was filed. The trial Court has rejected the application on the ground that if C.R No. 5241 of 2009 ::2:: the said expert is allowed to take fresh photographs and give a fresh report, it would be possible for him to fill up whatever lacunae which may have been pointed out in his report during the cross-examination. During the course of arguments, the controversy has been considerably narrowed down. Counsel for the parties are agreed that in case after photographs the opinion of the expert is the same (as it was in the original report), then he would just give a supplementary affidavit mentioning just this fact. No further cross-examination would be carried out in that eventuality. If, however, the expert comes to a conclusion, after examining the original signatures, that his earlier report was wrong, he would be at liberty to file a fresh report and it would be open to the respondents to cross-examine him, if necessary. In my opinion, this is a fair and equitable solution. Consequently, the present petition is allowed and the impugned order is set aside. The trial Court is directed to allow the handwriting expert of the petitioners to take photographs of the original signatures and proceed, as indicated above. No cost. ( AJAY TEWARI ) November 17, 2009. JUDGE `kk'