CRP 332/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr M. Dutta, learned counsel for the petitioner. The petitioner before this court is aggrieved by the order dated 14.7.10, whereby the application filed by him for granting time to take necessa ry steps against the report of the expert has been rejected. The petitioner filed an application in T.S. No. 5/05 with a pr ayer for forwarding some documents to the Directorate of Forensic Science , Assa m for expert opinion. The Director vide his letter dated 28.6.10 addressed to the learned Court below conveyed that the examination sought for is not carried out in the Directorate’s laboratory and documents were returned. Situated thus, the petitioner submitted an application dated 14 .7.10 for the aforementioned relief. The application filed by his counsel howeve r, disclosed that he was away to Allahabad for which further instructions from him were not forthcoming. The learned court below by the impugned order rejected the petition on the ground that in fact no opinion had been submitted by the ex pert concerned and fixed the suit for cross examination of the defendant’s witne sses on 27.7.10. Mr Dutta has urged that in the face of the inability of the Dire ctorate of Forensic Science, Assam to undertake the examination of the documents involved, the petitioner’s application 14.7.10 praying for time to take furthe r steps ought to have been allowed to prevent irreparable loss and prejudice to him. Upon hearing the learned counsel for the petitioner, this cou rt is inclined to hold that the real purpose of the application filed by the pet itioner was for grant of time so as to enable him to take necessary steps for ge tting the documents examined by some other agency. The prayer made in the applic ation and as alluded herein above indeed has to be construed to be equivocal fo r which the learned court below cannot be faulted for passing the impugned orde r. However, having regard to the underlying object of the praye r made in the application dated 14.7.10 and the bearing of the result of examina tion of the documents involved , this court is of the opinion that he (petitione r) is entitled to have another opportunity to take necessary steps in this regar d. The petition is therefore disposed of by leaving the petitioner at liberty to file a fresh application before the learned court below making an appropriate prayer for having the documents examined by an expert of another e stablishment. If such an application is filed, the learned court bel ow would consider and dispose of the same on its own merit. No costs.