Evidence Act, 1872–Sec. 45–Code of Civil Procedure, 1908–Sec. 151–Prayer up to effect that the expert evidence led by the defendant may not be admitted in evidence–Rejected–Revision against–Allowed by BOR with the observation that it was not admissible in evidence–However, in the same breath, BOR directed to collect the expert evidence–Justification–Application in grab of Sec. 151 filed by plaintiff was to seek decision on one of the issues arising for consideration in the suit on piecemeal basis–Such matters should be left for decision by the Trial Court rather then deciding the issue of admissibility and relevancy of evidence at an intermediate stage when the suit is still pending consideration–Impugned order is liable to be set aside–Expert evidence received by this Court in sealed covered shall be transmitted to the Trial Court–Further, directions issued.
