comparison, the Expert had given an opinion that the disputed thumb impression could not be compared as it is unfit for comparison. However, pending suit, the petitioner has not taken any steps to mark the document and also examine the Expert. Further, the trial Court relying upon the evidence of P.W.4 , decreed the suit. Now, pending appeal, the present application has been filed to examine the expert. The lower appellate Court dismissed the application holding that since the Expert has not given any clear opinion in the disputed thumb impression, no purpose will be served in marking the same and examining the expert. When, the expert has given an opinion that the disputed Thumb impression is unfit for comparison, there is no purpose in marking the opinion before the lower appellate Court and by examining the Expert, no purpose will be served. Considering the same, the lower appellate court rightly dismissed the application. Hence, I find no irregularity or illegality in it. However, if at all the petitioner is not satisfied with the expert opinion, it is always open to him to take necessary steps to seek for another opinion
