Civil Revision No. 6198 of 2011 & Civil Revision No. 6201 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Civil Revision No. 6198 of 2011 (O&M) Smt. Savitri Devi & others ...Petitioners Versus Sher Singh ...Respondent 2 . Civil Revision No. 6201 of 2011 Smt. Savitri Devi & others ...Petitioners Versus Sher Singh ...Respondent . Date of decision:- 05.10.2011 CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Kulvir Narwal, Advocate for the petitioners. RITU BAHRI J.(Oral) The petitioners have challenged order dated 11.08.2011 (P-1) whereby his application for appointing Finger Print and Handwriting Expert has been dismissed. The petitioners have filed suit for declaration challenging the judgment and decree dated 16.03.1994 passed in Civil Suit No. 162 of 18.02.1994. The case of the petitioner is that this decree has been obtained by way of playing fraud and by impersonating late Rajender Singh. The defendants have challenged the judgment and decree dated 16.03.1994. Vide order dated 11.08.2011, this application was disallowed on the ground that defendant has availed many opportunities for leading evidence. The Civil Revision No. 6198 of 2011 & Civil Revision No. 6201 of 2011 -2- nature of the dispute is such that the examination of the thumb impression suffered by Rajinder Singh is to be conducted by Finger Print Expert/Hand Writing Expert. Learned counsel for the petitioner has referred to order 26 Rule 10-A of Code of Civil Procedure, which reads as under:- “10A. Commission of Scientific Investigation- (1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.” The present revision petition is accepted. Order dated 11.08.2011 is quashed. A direction is given that the petitioners can summon the qualified hand writing/finger print expert for leading the evidence. The passing of final order is stayed till that time October 05, 2011 ( RITU BAHRI ) G.Arora JUDGE