VINCENT PAUL, VINOD YESUDAS, VICTORIYA RANI W/O. CLEMENT AND MARY VIOLET W/O. AROGYA SWAMY Vs. SRI JOANES, MAJOR, S/O. LATE YAGAPPA AND SMT. AGNASE, MAJOR, W/O. ANTHONY SWAMY MAJOR

JUDGEMENT

(1.) THE rejection of Plaintiffs IA -15 under Section 151 Code of Civil Procedure in O.S.I 165/2002 on the file of the II Addl. Senior Civil Judge, Bangalore Rural District, Bangalore, by order dt. 9.6.2010, is called in question in this petition.

(2.) PETITIONERS instituted the suit and during the trial filed IA -11 under Order XXVI Rule 10 -A Code of Civil Procedure to appoint, a Commissioner for scientific examination and comparing the signatures on Ex. D9. That application was allowed on 5.7.2007 nevertheless, according to the Petitioners the document was not forwarded for scientific investigation and therefore Petitioners filed IA - 15 under Section 151 to send the disputed document Ex.D9 to the forensic science laboratory. That application was opposed by filing statement of objections stating that P.W. -1 admitted her signature on Ex. D9 and therefore, there was no necessity to refer the document for expert's opinion. The court below having noticed that D.W. 1 had identified her signature on Ex. D9 at Ex. D9(a), accordingly rejected the same by the order impugned.

(3.) BE that as it may it was for the trial court to have perused the order sheet to ascertain as to what order was passed on the application filed by the parties in the matter of appointment of commissioner. Having not done so, injustice is caused to the Petitioners.