ORDER 1. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 23.7.2010 passed by the First Civil Judge Class-I, Ratlam in Civil Suit No. 26-A/06 by which the petitioner/defendant's application for getting the disputed document (Will) examined through the handwriting expert has been rejected on the ground that the application has been submitted belatedly. 2. The trial Court observed that the plaintiff had got the said document (Will) examined by handwriting expert and report was submitted on 3.8.2007. However, no application was promptly moved by the petitioner/defendant to get the said document examined by another handwriting expert. 3. Admittedly, the application was filed by the defendant before the conclusion of the plaintiff's evidence. Merely because after filing of the report of the handwriting expert examined by the plaintiff no immediate step for getting the said document examined was taken by the defendant, the defendant's prayer could not have been rejected by the trial Court. When the disputed document has been got examined by the plaintiff by a handwriting expert of his choice, the defendant should have also been granted an oPPol1unity to get the said document examined by another handwriting expert of his choice on an application made by him for that at the stage when the plaintiff's evidence was not closed. 4. In the circumstances. in our considered view the impugned order passed by the trial Court deserves to be and is hereby quashed. 5. The trial Court is directed to permit the petitioner/defendant to get the said document (Will) examined by the handwriting expert named by the petitioner/defendant in his application and then to proceed in the matter in accordance with law. With the aforesaid directions the petition stands allowed.