KM. SONI Vs. SPL. JUDGE P.C.

JUDGEMENT

(1.) Heard Sri Arvind Kumar Jauhari learned counsel for the petitioner and Sri Mohd Wajid Irfan learned counsel for the respondent nos.3 and 4. None appears on behalf of the respondent nos.5 and 6 despite sufficient service. The respondent nos.1 and 2 are the court concerned.

(2.) Learned counsel for the petitioner submits that the application filed by the petitioner under Order 26 Rule 10A C.P.C, for commission for scientific investigation has wrongly and illegally been dismissed as not maintainable, whereas the petitioner who is plaintiff in the suit has a right to file an application. The revision filed by the petitioner has also been dismissed without considering the grounds raised by the petitioner. Therefore, the petitioner is constrained to approach this Court and the impugned orders are liable to be set aside.

(3.) Learned counsel for the respondent nos.3 and 4 submits that the application moved for scientific investigation i.e.C-37 was allowed with the consent of the petitioner, on which the report has also been submitted by the Commissioner, and no objection to the same has been filed and after one year, another application was filed only to delay the proceedings of the regular suit filed in the year 2009. The application filed by the petitioner has rightly been dismissed by the trial court filed in Regular Suit no.307 of 2009. The revision has also been dismissed after considering the grounds raised by the petitioner by a reasoned and speaking order. There is no illegality or infirmity in the impugned orders. The petition is liable to be dismissed.