THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P.No.4027 OF 2009 ORDER: This civil revision petition is directed against an order passed by the learned Principal Junior Civil Judge, Khammam, dismissing the IA No.532 of 2009 in OS No.246 of 2008 moved by the petitioner herein, who is the defendant in the suit. The respondent-plaintiff has filed the suit on the foot of a pro-note. The petitioner- defendant filed his written statement denying the execution of such a pro-note by him. However, he filed an application IA No.532 of 2009 for sending the disputed signature put up on the foot of pro-note Ex.A1, for examination of the expert and report. The petitioner has taken a specific plea in the written statement that the suit document pro-note is a fabricated document. The petitioner herein has specifically denied that he has executed any such pro-note in favour of the plaintiff. But, he has not taken any steps asking the court to send the suit document for examination of hand writing expert. The petitioner herein has allowed the evidence to be completed in the matter. The respondent-plaintiff has examined four witnesses PWs 1 to 4 and the petitioner herein has cross-examined them extensively. On 29-6- 2009, the plaintiff has closed the evidence on his side and the matter was posted for the evidence on behalf of the defendant-petitioner herein. At this stage on 10.7.2009, IA No.532 of 2009 has been preferred seeking directions to send the suit document for examination of a hand-writing expert. It is, therefore, an attempt made belatedly to procure evidence. Hence, the learned Principal Junior Civil Judge, Khammam, has dismissed the said IA. After perusing the reasons assigned by the learned Principal Junior Civil Judge, Khammam for dismissing the said IA, I have not found any legal infirmity requiring me to exercise revisionary jurisdiction. Clearly the petitioner has allowed too much time to lapse after he has filed his written statement. For the lack of alertness on his part, the IA moved by him was construed as a belated attempt and it was rightly dismissed. Hence, the civil revision petition is dismissed. But, however, without costs. --------------------------------- Nooty Ramamohana Rao, J 5th November 2011 knk THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P.No.4027 OF 2009 5th November 2011 knk