THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION NO.4414 OF 2011 29th October, 2011 BETWEEN: V.BISAI .. PETITIONER AND MURUKURTHI APPA RAO .. RESPONDENTS THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION NO.4414 OF 2011 O R D E R : This revision under Article 227 of the Constitution is directed against an order dated 29.7.2011 of the learned Principal District Judge, Visakhapatnam rejecting I.A.No.1582 of 2011 in O.S.No.48 of 2009; where at he is the defendant. The substantive suit is a money suit for recovery of the amounts on the basis of the suit promissory note executed by the revision petitioner on 20.12.2006. In the written statement the revision petitioner asserted that he had not executed the promissory note in favour of the plaintiff; that the signature on the suit promissory note does not belong to him; and that his signatures are forged. Issues were framed and the trial of the suit has commenced. The scribe and one of the attestors of the suit promissory note, P.Ws.2 and 3 were already examined and at this stage the revision petitioner filed I.A.No.1582 of 2011 under section 45 of the Indian Evidence Act, 1872 to send Ex.A1 promissory note to the examiner of questioned documents, to compare the signature thereon with the admitted signatures on his record in the court. I.e., suit summon, vakalat and his written statement etc., to give an opinion thereon. The above application was rejected by the court below on the ground that the application was filed after the trial of the suit had commenced and was at an advanced stage; that recording of the evidence of the defence had also commenced and that further evidence of the defendant was to be recorded. The court below also held that the examination of the hand-writing by an expert is not necessary in every case of disputed writing and the court itself has ample power to examine the signature on the suit promissory note. This court discerns no serious infirmity in exercise of the discretion by the court below, warranting interference under Article 227 of the Constitution. No merits. Accordingly, this Civil Revision Petition is dismissed at the admission stage. _________________ GODA RAGHURAM, J 29th October, 2011. TNB THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION NO.4414 OF 2011 29TH September, 2011. tnb