THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3881 OF 2011 Date:23.09.2011 Between: Pericherla Rama Krishnam Raju .. Petitioner And Datla Venkata Krishnam Raju .. Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3881 OF 2011 ORDER: In the respondent’s suit based on mortgage by deposit of title deeds for recovery of a sum of Rs.4,00,000/- with interest thereon borrowed by the petitioner executing a promissory note dated 05.05.2006, is at the stage of trial. The petitioner/defendant filed I.A.No.54 of 2010. The said application, under Section 45 of the Indian Evidence Act, 1872, to send the suit promissory note to a handwriting exert, was dismissed by the Court below on 07.07.2011. Being aggrieved, the present Civil Revision Petition is filed. The counsel for the petitioner would contend that when the trial is not commenced and the date of execution of the alleged promissory note by the petitioner and the date of filing of the written statement is not long, the Court below ought to have sent the suit promissory note to the handwriting expert. After perusing the plaint, written statement as well as the impugned order, this Court is, however, not able to accept the said submission. The petitioner sought an order from the Court to send the suit promissory note dated 05.05.2006 to the handwriting expert. For that purpose, he requested the Court to send the written statement filed on 15.09.2009 containing the signatures of the petitioner. Having considered the background of the case, the learned trial Judge came to the conclusion that no purpose would be served if the signatures in suit promissory note are not compared with contemporary signatures. Admittedly, the petitioner did not produce any documents containing the signatures at or about the time of alleged execution of promissory note. Therefore, the exercise of discretion by the Court below is sound and does not warrant any interference. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 23.09.2011 KH