THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NOs.3412 & 3413 OF 2011 COMMON ORDER: These two revisions are directed against the orders dated 25.07.2011 passed in I.A.Nos.939 and 940 of 2011 in O.S.No.248 of 2003 on the file of the Principal Junior Civil Judge, Bapatla, whereunder and whereby the applications filed (1) under Section 151 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, seeking to reopen the defendants’ side evidence to enable the petitioners to examine Sri V.Muralidhar, Scientific Officer, Forensic Science Laboratories, Red Hills, Hyderabad, and (2) under Order XVI Rules 1 and 2 and under Section 151 CPC seeking to receive the list of witnesses after condoning the delay in filing the same and permit the petitioners to summon through Court Sri V.Muralidhar, Scientific Officer, Hyderabad, to give evidence, respectively, were dismissed. 2. Learned counsel for the petitioners contended that the Court below received the Expert report on 25.04.2011 and immediately after Summer Vacation i.e., on 09.06.2011, these two petitions are filed to reopen the defendants’ side evidence and to examine the Expert, who gave the opinion. Therefore, unless the Expert is examined, the report given by him cannot be read as evidence and hence, learned counsel prays to allow both the revisions. 3. On the other hand, learned counsel for the respondents contended that the defendants’ side evidence was closed about six months back and the petitioners have not filed any petition immediately after closure of evidence of the defendants. That the petitioners filed these two petitions at a belated stage only to prolong the suit proceedings and therefore, the Court below rightly dismissed the same and there are no grounds to interfere with the same. 4. Sub Rule 3 of Rule 1 of Order XVI CPC empowers the Court to permit a party to call any witness whose name has not been mentioned in the list filed under Sub Rule (1) if he shows sufficient cause for the omission to mention the name of such witness in the said list. The principle behind this provision is that a Court normally should not deny an opportunity to a party to examine witnesses. If a sufficient cause is shown for the earlier omission by the party, the Court may permit the witness to be called. On or after 25.04.2011 only, the petitioners could know the name of the expert when the expert gave the opinion. 5. Factually, it is not in dispute that the admitted signatures were sent to the Expert along with disputed signatures. Admittedly, the Expert gave his opinion on 25.04.2011. Immediately after receipt of the said report, i.e. on 25.04.2011, the petitioners filed the present petitions to reopen the defendants’ side evidence and to examine Sri V.Muralidhar, Scientific Officer, Hyderabad, who gave opinion on the disputed signatures along with the admitted signatures. By the time of receipt of report of the Expert by the Court below, the defendants’ side evidence was already closed and the matter was coming up for arguments. Hence, there was no delay on the part of the petitioners because unless the Court below receives the report of the Expert, the question of examining the person, who gave the report, does not arise. Therefore, the Court below, having allowed the application to send the disputed signatures to the Expert for purpose of comparison with admitted signatures, ought to have allowed these two petitions to reopen the defendants’ side evidence and to examine the Expert, as the Expert’s report cannot be read as evidence unless he is examined. 6. Accordingly, both the Civil Revision Petitions are allowed and the orders dated 25.07.2011 in I.A.Nos.939 and 940 of 2011 in O.S.No.248 of 2003 are set aside. Since the suit is coming up for arguments, the petitioners themselves shall take necessary and proper steps to summon Sri V.Muralidhar, Scientific Officer, Hyderabad, to be examined in the Court below, as early as possible. The entire exercise shall be completed within a period of two {2} months from today. There shall be no order as to costs. ____________ (K.C.BHANU, J) 19th August 2011 Note: Issue CC by one week B/O RRB