THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 2331 OF 2010 ORDER: The petitioner herein is defendant. This revision is filed questioning the order dated 16.4.2010 passed in I A No. 355 of 2006 in O.S. No. 945 of 2004 passed by the V Additional Senior Civil Judge (FTC) Visakapatnam dismissing an application filed under Section 45 of the Indian Evidence Act praying to send the disputed signature along with admitted signature for comparison to the expert. Heard the learned counsel for petitioner and Mr K.A.Narasimham for respondent and perused the material available on record. Admittedly, the petitioner herein has not filed admitted signature of the respondent/plaintiff and in the absence of the same the Court below rightly observed that ‘if this petitioner/defendant filed any of the admitted signatures for the contemporary period to the date of execution of Ex.A1 pronote then it will be possible to sent the same for expert opinion’. The said order cannot be said to be illegal warranting interference of this Court. The revision petition fails and the same is hereby dismissed. No Costs. However, it is open for the petitioner to file a fresh application for sending the pronote to expert opinion for comparison with the signature as admitted by the plaintiff. ______________ V. ESWARAIAH,J DATE: 11.3.2011 TVK THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 2331 OF 2010 Date: 11.3.2011