THE HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION NO:2107 of 2011 DATED:27.06.2011 BETWEEN: K.PENCHALA REDDY …PETITIONER BIJAM KRISHNA REDDY …RESPONDENT. THIS COURT MADE THE FOLLOWING ORDER: THE HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION NO:2107 OF 2011 ORDER: The present revision petition is filed by the petitioner against the order passed in I.A.No:56 of 2011 in O.S.No:323 of 2006 on 7.3.2011 by the 1st Additional Senior Civil Judge, Nellore. The petitioner is the defendant in O.S.No:323 of 2006 and he filed the present I.A.No:56 of 2011 under section 45 of the Evidence Act read with section 151 C.P.C seeking to send the pronote to the Expert for opinion on the ground that the respondent-plaintiff filed the suit on the foot of a forged and fabricated promissory note dated 10.2.2000 for recovery of Rs.5,33,866 and he filed his written statement contending that the suit promissory note is a forged and fabricated one. It is his further case that on the earlier occasion, he filed an interlocutory application seeking to send Ex.A1 document to the Expert for comparison of his signatures and due to oversight, his previous counsel has failed to contend that the body of promissory note has also to be sent to the Expert on the ground that the body of promissory note was not executed by him with his own hand writing. Therefore, the present application is filed seeking to send the document to the Expert for better appreciation of evidence. Having considered the rival contentions, the Court below has dismissed the said application. Aggrieved by the same, the present revision petition is filed by the petitioner. Heard the learned counsel. It is contended by the learned counsel for the petitioner that the petitioner never executed any pronote in his own hand writing and apart from that, the respondent plaintiff has no capacity to advance such a huge amount and he filed the suit by fabricating the suit promissory note. It is further contended that on the application filed by the petitioner on the earlier occasion in I.A.No:542 of 2008 under section 45 of the Evidence Act seeking to send the promissory note to the Expert for comparison, the office of the Court below sent the documents containing the signature of the defendant, which were not directed to be sent to the Expert and therefore, the present application is filed seeking to send the disputed document for comparison. Hence, the order of the Court below is liable to be set aside. The fact that remains undisputed is that on the earlier occasion, the petitioner had filed an application in I.A.No:542 of 2008 under section 45 of the Evidence Act seeking to send the promissory note with the admitted signature and the said application was allowed and the documents were sent to the Expert and the Expert has given his opinion. While so, after a lapse of three (3) years, the petitioner has come forward with the present application with the self same relief on some pretext or the other. The suit which is filed for recovery of certain amount is of the year 2006. Whatever grounds that have been urged by the petitioner can also be raised before the Court below during the course of the trial. But, filing the applications time and again for the self same relief, amounts to abuse of process of the Courts and also an adverse inference can be drawn against the petitioner that he wants to drag on the proceedings. Apart from that, the approach of the petitioner in filing the present application for the self same relief after a lapse of three years from the date of receipt of earlier report of the Expert, does not appear to be a bonafide one. In this view of the matter, I am of the view that the order of the Court does not suffer from any illegality or irregularity. The revision petition is devoid of merits and the same is liable to be dismissed. Accordingly, this revision petition is dismissed. No costs. __________________ Justice G.Chandraiah. Date:27.06.2011 Gurc. THE HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION NO:2107 OF 2011 DATED:27.06.2011