JUDGMENT

Anil Kshetarpal, J. - The appellant, in both the appeals, is a defendant in a suit for grant of decree of declaration to the effect that the plaintiff is the owner in possession of the property and the alleged power of attorney executed on 21.08.1990, (registered on 22.08.1990), by Mohinder Singh in favour of Sukhdev Singh, is a result of forgery. Consequently the sale deed dated 13.05.1995, executed by Sukhdev Singh, in favour of his wife, is not binding on the rights of the plaintiff. Late Sh. Mohinder Singh is the original plaintiff, whereas, Sukhdev Singh and Darshan Kaur are the defendants. The defendants filed a counter claim for grant of decree of possession by way of specific performance of the agreement to sell dated 11.03.1989.

2. In the considered opinion of the Court, the following question arises for adjudication:-

'Whether a report containing the opinion of a handwriting and fingerprint expert, prepared during the pendency of a criminal case, can be relied upon in a civil suit without ensuring examination and cross-examination of the author?"

3. Some admitted facts are as under:-

1. Mohinder Singh son of Swaran Singh was owner in possession of the land located in