MAGANLAL VERMA Vs. URMILA VERMA

JUDGEMENT

(1.) Heard.

(2.) The petitioner has preferred this petition being aggrieved with the order dtd. 7/11/2022 passed in Civil Suit No.102A/2014 by the First Civil Judge Class-I to the Court of First Additional Judge, Raipur (CG), whereby, an application under Order 16 Rule 1 and 2 read with Sec. 151 of CPC, for examination of the Forensic Expert has been dismissed.

(3.) Learned counsel for the petitioner submits that the petitioner/plaintiff has filed a Civil Suit, in which, vide order dtd. 10/2/2020, the opinion of Forensic Expert was taken on record but only on the ground delay, the said application was dismissed vide the impugned order. He also submits that though the party appointed a new counsel through whom the document was filed but in an erroneous manner, the evidence of the plaintiff was closed. He submits that the examination of the Forensic Expert is essential to prove the questioned will and since the cross-examination of defendant's evidence was not commenced, such application was preferred. Hence, he prays to allow the petition and quash the impugned order.