THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NOS 1231 AND 1232 OF 2010 ORAL ORDER: Since the issue raised in these two revisions is connected, they are being disposed of by this common order. The petitioner herein is defendant, filed the present revisions under Article 227 of the Constitution of India, interalia seeking to assail the orders passed in I A No 35 of 2009 in O S No. 321 of 2005 dated 11.2.2010 and I A No. 33 of 2009 in O S No. 328 of 2005 dated 10.2.2010 dismissing the applications filed under section 45 of the Indian Evidence Act seeking to send the suit pro- notes to expert for opinion. Briefly stated the facts are that the defendant filed suit for recovery of money based on promissory notes and petitioner herein/defendant contested the same interalia denying the genuineness of the same and pleading forgery . Therefore the case of the petitioner is that it necessitated for exercising the provisions under Section 45 of the Indian Evidence Act. The Court below after taking into consideration the facts and circumstances of the case, dismissed the said applications. Hence the present revisions. Having heard the learned counsel for petitioner and on perusal of the material available on record, it is seen that admittedly the matter is still coming up for trial on the side of the plaintiff and since there is denial including a plea of forgery, heavy burden lies on the plaintiff itself to prove the same. There is no illegality warranting interference of this Court in exercise of powers under Article 227 of the Constitution of India. The revisions fail and accordingly dismissed. No costs. _______________ B PRAKASH RAO,J DATE: 26.3.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NOS 1231 AND 1232 OF 2010 DATE: 26.3.2010