THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5167 of 2009 DATE: 10.6.2011 BETWEEN: Panku Appa Rao petitioner And Chittiboina Naresh Respondent Counsel for the petitioner : Sri A Rama Krishna Counsel for the respondents: The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5167 of 2009 ORDER: The petitioner herein is defendant and has filed an application in I A No. 1130 of 2009 in O S No. 336 of 2007 on the file of the Principal Junior Civil Judge, Anakapalle under Section 45 of Indian Evidence Act to send Ex.A.1 promissory note along with his signature to the hand writing expert for comparison. The said application was dismissed by order dated 11th September, 2009, hence the present revision. Heard the learned counsel for petitioner and perused the material available on record. The Court below on consideration of the matter rightly dismissed the application on the ground that the defendant kept silent till the trial is completed and at a belated stage filed the application to protract the litigation. Further, it is now well settled that in a suit for recovery of money based on pronote, if the signature on the pronote is disputed by the defendant, the same can only be sent for comparison if plaintiff admits his signature, inasmuch as there is likelihood of defendant changing his signature after execution of the document in question at a later stage. Therefore, unless there is any document containing the admitted signature, the pronote cannot be sent to expert for comparison. In the present case, there is no signature admitted by the plaintiff. In the circumstances, there is no illegality or irregularity in the order under revision warranting interference of this Court. The revision petition fails and accordingly the same is dismissed. However, if the defendant has any document containing the admitted signature of the plaintiff, it is always open for him to file appropriate fresh application. No costs. ______________ V ESWARAIAH,J DATE:10.6.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5167 of 2009 DATE:10.6.2011