THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.1928 of 2010 ORDER: This Civil Revision Petition is filed against order, dated 29.09.2009, in I.A.No.14 of 2007 in A.S.No.6 of 2006 on the file of Senior Civil Judge, Kovur, Nellore District. Respondents herein filed O.S.No.14 of 1996 for specific performance of the contract. Ultimately, the suit was decreed in 2006. At the appellate stage, the petitioners herein filed I.A.No.14 of 2007 to send the disputed agreement of sale for an opinion by expert. The Court below by the impugned order rejected the same by recording that no reasons were explained for not adducing such evidence during pendency of the proceedings. In view of provision under Order XLI Rule 27 CPC, evidence can be adduced at the appellate stage provided the petitioner establishes that in spite of due diligence, during pendency of the proceedings, he could not lead such evidence during trial. In the instant case, having regard to the averments mentioned in the affidavit filed in support of I.A., there is no valid reason for not adducing such evidence by sending the document for expert opinion. In that view of the matter, as the suit is of 1996 and further, the appeal itself is of 2006, I do not find any ground to entertain this Civil Revision Petition at this stage. The Civil Revision Petition is devoid of merit and it is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 2nd FEBRUARY, 2011. kvni