CW- 5102/2008 -Sohan Singh Vs. Chamniya @ Sumsu Khan. Judgment dt.6.8.08 1/2 S.B. CIVIL WRIT PETITION NO.5102/2008 Sohan Singh Vs. Chamniya @ Sumsu Khan. Date of order : 06th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Girish Sankhala for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 15th July, 2008 of learned trial court whereby the learned trial court allowed the application of the defendant under Order 26 Rule 10 A and directed that the document viz. agreement in question in the present suit for specif performance to be examined by Forensic Science Laboratory, Government of India, Simla at the cost of defendant. 3. The learned counsel for the petitioner-plaintiff submits that there was no need for the learned trial court to send the said document for scientific investigation under Order 26 Rule 10A C.P.C. and this could have been done after plaintiff's evidence was recorded by the trial court. 4. This submission of the learned counsel for the petitioner- plaintiff has no force. Admittedly provisions of Order 26 Rule 10 A C.P.C. permit the Court to issue a commission for scientific investigation at any stage of the trial, if the Court is of the opinion that such scientific investigation cannot be conveniently conducted CW- 5102/2008 -Sohan Singh Vs. Chamniya @ Sumsu Khan. Judgment dt.6.8.08 2/2 before the Court. In the impugned order, the learned trial court has observed that the document viz. Agreement in question contained certain cuttings and, therefore, the learned trial court thought it fit to get it examined by scientific lab and hence, issued the commission for scientific investigation under Order 26 Rule 10A. The writ petition has, therefore, no force and is liable to be dismissed. 5. The learned counsel for the petitioner has expressed apprehension that the document of the plaintiff-petitioner should not be handed over to the defendant for taking the same for scientific investigation. Though there is no good reason for such apprehension, however, to safeguard the interest of the petitioner-plaintiff, the learned trial court shall hand over the said document in a sealed cover to the defendant for such examination by the Forensic Science Laboratory, Simala which sealed cover should be opened by that Laboratory only and certificate to that effect shall be sent along with the report of the Lab. If the plaintiff-petitioner wants to go with the defendant with the said document upto that Laboratory, he can do so at his own expenditure. 6. With the aforesaid observations, the writ petition is dismissed. [ DR. VINEET KOTHARI ], J. item No.s/1 babulal/-