THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4186 OF 2009 DATED:27-01- 2011. Between Smt. G.Anasuyamma … Petitioner-Defendant And P.Sriramulu Reddy …Respondent-Plaintiff THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4186 OF 2009 ORDER: This revision is directed against the order, dated 20-07-2009 in I.A.No.835 of 2008 in O.S.No.352 of 2006 on the file of the Additional Senior Civil Judge, Chittoor, whereunder and whereby the application filed under Section 45 of the Indian Evidence Act, 1872 to send Ex.A1-suit promissory note to the expert for comparison and opinion, was dismissed on the ground that the application was filed at a belated stage. 2. Learned counsel appearing for the petitioner placed reliance on the decision reported in JANACHAITANYA HOUSING LTD V DIVYA FINANCIERS [1], wherein it was held thus: “For the reasons aforementioned, we answer the reference thus; ‘no time could be fixed for filing applications under Section 45 of Indian Evidence act for sending the disputed signature or writings to the handwriting expert for comparison and opinion and same shall be left open to the discretion of the Court; for exercising such discretion when exigencies so demand, depending upon the facts and circumstances of the each case.” As seen from the record, immediately after examination of D.W.2, the application was filed. A specific plea has been taken in the written statement by the defendant that he has not executed the suit promissory note. Therefore, the trial Court ought to have sent the disputed document along with the admitted signatures of the petitioner herein to the expert for comparison and opinion. Hence, the impugned order is liable to be set aside. 3. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 20-07-2009 in I.A.No.835 of 2008 in O.S.No.352 of 2006 on the file of the Additional Senior Civil Judge, Chittoor. The trial Court is directed to send the disputed document along with the admitted signatures of the petitioner herein to the Government Expert for comparison and opinion. No order as to costs. -------------------- K.C.BHANU, J DATED:27-01- 2011 Hsd [1] 2008 ALT 409