THE HON'BLE MR JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3868 of 2009 ORDER: Petitioner is the plaintiff who filed this revision under Article 227 of the Constitution of India, inter alia, assailing the correctness of the order, dated 31-07-2009, passed by the learned Senior Civil Judge, Bapatla, in I.A.No.550 of 2009 in O.S.No.106 of 2002, dismissing the application filed by the petitioner herein under Section 45 of the Indian Evidence Act to send Exs.A3 & A5-letters along with Ex.A9-written statement and vakalat of the 1st defendant to the Government hand-writing expert for comparison of signatures and for opinion. 2. The Court below, after taking into consideration the various facts and circumstances, especially in view of the fact that in similar circumstances, I.A.No.151 of 2009 in O.S.No.106 of 2002, though filed under different provision, was dismissed and confirmed in Crl.P.No.3097 of 2009, as per order dated 10-07-2009, did not find favour with the request and dismissed I.A.No.550 of 2009. Hence, the revision. 3. On consideration of the various submissions made, where an attempt has been made to draw distinction between the two applications pointing out that it is only due to erroneous mention of the provision of law the earlier order came to be passed and therefore it would not cause any prejudice, and on a reading of both the proceedings it seems that the purpose of filing those applications is one and the same and the discretion exercised by the Court below is one and for the same reason. In view of the same, the Court below has rightly dismissed the application and this Court finds no error in the order impugned in this revision. 4. In the result, Civil Revision Petition is dismissed. There shall be no order as to costs. ____________________ B.PRAKASH RAO,J 28th August, 2009 Tsy