THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2123 of 2009 9th October 2009 Between: Balla Subba Rao, S/o.Venkateswarlu, 32 years, Agricultural, R/o.Yerrabalem Village, Mangalagiri Mandal, Guntur District. …PETITIONER AND Rayapati Venkateswarlu, S/o.Venkata Subbaiah, 42 years, Auto Driver, R/o.Mannemvari Street, Mangalagiri, Guntur District. …RESPONDENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2123 OF 2009 ORDER: The petitioner-defendant files this revision under Article 227 of the Constitution of India with a grievance that even though subsequent to filing of the written statement, he filed an application purportedly under Section 45 of the Indian Evidence Act, 1872, for sending the hand letter dated 01.02.2005 to the Handwriting Expert, but the same is not being taken up. Yet, the respondent-plaintiff is directed to file affidavit in lieu of chief and cross-examination without the said application being considered. Hence, the revision. Having considered the submissions made and on perusal of the material available on record, it is seen that at this stage, as far as the petitioner is concerned, except the pleadings part, there is no other material in support. Mere pleading is not enough to insist upon to make any exercise. Necessarily, some foundation has to be laid, without which such request cannot be accepted. In view of the same, the present revision is quite premature and is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed leaving open to the Court below to consider the petitioner’s application at appropriate stage and pass orders on merits. No costs. _________________ (B.PRAKASH RAO, J) 9th October 2009 RRB