JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. ‘Procedural Mechanics’ involving interpretation of Order XIII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter called and referred to for the sake of brevity as the ‘Code’) falls for consideration in this appeal which arises out of a judgment and order dated 5.1.2007 passed by a learned Single Judge of the High Court of Judicature at Madras in CRP No.559 of 2005.

3. Parties hereto are co-sharers. Allegedly, a deed of partition was entered into by and between them on or about 28.11.2002. Questioning the genuineness of the said deed of partition, a suit for cancellation thereof was filed by the appellant therein. Indisputably, in relation thereto, a First Information Report was also lodged. During investigation, the Investigating Officer recovered the purported original deed of partition from the custody of the respondent. It was sent for examination to the Forensic Science Laboratory, Chennai.

4. Appellant filed an application in the said suit marked as IA No.1 of 2005 calling for the report of the forensic expert from the Court of Judicial Magistrate, Sathyamangalam as regards the purported signatures of the petitioner. The sai