The court's discretion to order scientific investigations under Order 26 Rule 10-A is limited by the necessity of specific pleadings disputing the genuineness of signatures.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioners (respondents in the 1^st Appeal vide R.F.A. No.161 of 2022 pending in the Court of learned District Judge, Sundargarh arising out of the Judgment and Decree passed in the suit vide C.S. No.61 of 2015 by the learned Civil Judge, Senior Division, Sundargarh) praying for setting aside the impugned order dated 21.01.2023 (Annexure-1) passed in R.F.A. No.161 of 2022 by the learned District Judge, Sundargarh.

2. The factual backgrounds of this Civil Misc. Petition, which prompted the petitioners for filing the same is that, the petitioners in this CMP being the plaintiffs filed the suit vide C.S. No.61 of 2015 against the Opp. Party arraying him as defendant praying for declaration of their right, title and interest over the “A” schedule land except Plot No.42, Ac.0.24 decimals, to declare the Registered Sale Deed No.1437 of 2009 dated 14.12.2009 executed by the plaintiff No.1 in favour of the defendant as null and void in respect of other plots except plot No.42 covered therein and to confirm their possession on the same, to recover the possession thereof, if they (plaintiffs) are found to be dispossessed by the defendant during the pendency of the suit and to injunct the defendant permanently from interfering in their peaceful possession in the suit properties, stating in their plaint that, “the plaintiff Nos.2 and 3 are the daughters of plaintiff No.1. The plaintiff No.1 is an illiterate and pardanasini woman. She (plaintiff No.1) had intended to sell only Plot No.42 under Khata No.47 Ac.0.24 decimals to the defendant, but instead of execution of the sale deed in respect of plot No.42 Ac.0.24 under Khata No.47 described in Schedule “A” of the plaint, the defendant managed to execute the sale deed dated 14.12.2009 from her (plaintiff No.1) in his favour inserting other plots in the said sale deed taking the advantage of her illiteracy without making aware to her about the execution and registration of the said deed in respect of other plots of Schedule “A” along with plot No.42 under Khata No.47 though, she (plaintiff No.1) had not sold other plots except plot No.42. When the plaintiffs came to know about the above so-called fraud practised by the defendant regarding the execution and registration of sale deed in respect of above other plots, then, the plaintiffs filed the suit vide C.S. No.61/2015 against the defendant seeking the aforesaid reliefs.”

To which, the defendant objected by filing his written statement denying the above averments made by the plaintiffs in their plaint taking his stands specifically that,

“the plaintiff has executed the sale deed in respect of all the plots of Schedule “A” remaining in a sound mind and after understanding the contents of the sale deed No.1437 dated 14.12.2009 and receiving the due consideration amount thereof and on the consent of the plaintiff No.1, the suit properties have already been mutated to his name as per order passed in Mutation Case No.517 of 2010, for which, the suit of the plaintiffs is liable to be dismissed.”

3. After conclusion of hearing, the learned Trial Court decreed the suit of the plaintiffs vide C.S. No.61/2015 against the defendant as per its Judgment dated 27.07.2022 and declared the right, title and interest of the plaintiff No.1 over the Schedule “A” properties except Plot No.42 Ac.0.24 decimals and injuncted the defendant permanently from entering into the said properties and declared the R.S.D. No.1409 dated 14.12.2009 is valid only to the extent