Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Zeeshan (Hidden)     03 August 2026

Sending documentsof opposite party to forensic examination.

1st case, I filed a case of declaration against my tenant who claimed to be owner on the basis of fake papers.

2nd case, Therein, tenant also filed same case of declaration against me.

In 1st case, firstly my witness & cross happen, then tenant's evidance and cross happen. Then, after his witness, I filed an application for sending documents of tenant for forensic examination.  That application was dismissed stating late stage of filing. Now the case is on final arguments.

In, 2nd case, nothing happen and every order says, "put up with connecting matter."

My query :-

  1. On which stage is 2nd case ?
  2. Can I file application for sending tenant's documents for forensic examination in 2nd case?
  3. Is this a good idea ?

 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     04 August 2026

When both suits involve identical parties and overlapping property claims, courts routinely order cross-suits to be tagged together. The second case is held at its current operational stage while waiting for the first case to reach parity, or it is being tracked alongside the main suit.

If evidence was never led in Case 2, the Case 2 is stuck at an early stage, likely framing of issues or plaintiff’s evidence.  If both suits were clubbed/consolidated, then the court may have intended for evidence recorded in Case 1 to read as common evidence for Case 2. If no formal consolidation order was passed, Case 2 technically remains open at the pre-evidence or evidence stage.

You can file an aplication in case 2 because Case 2 has not reached final arguments.

However the tenant will argue that your request was already considered and dismissed on merits/delay in Case. since Case 2 is at an earlier stage, you avoid the specific ground of rejection used in Case 1 ("dismissed due to late stage").

Instead of opening a new front in Case 2, challenge the interlocutory order dismissing your forensic application in Case 1 before the High Court (via a Civil Revision Petition or Article 227 Writ Petition). High Courts often allow expert examination even at later stages if the document goes to the root of the title/ownership dispute.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register