THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.4151 of 2008 Date: 24.09.2010 Between: Yalavarthi Venkata Krishna Rao … Petitioner and M/s. Bhargavi Modern Rice Mill and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.4151 of 2008 ORAL ORDER: Heard learned counsel appearing for the petitioner-plaintiff as well as learned counsel appearing for the respondents-defendants. 2. This Civil Revision Petition is directed against the order and decree, dated 16.4.2008, in I.A.No.60 of 2008 in O.S.No.325 of 2005, passed by the Additional Senior Civil Judge (Fast Track Court), Gudivada, Krishna District, dismissing the application filed by the plaintiff under Section 45 of the Indian Evidence Act and also under Section 151 of C.P.C., seeking to send the forged documents to the Government expert for comparison. 3. It appears that the plaintiff filed suit O.S.No.325 of 2005 for recovery of money, wherein the defendants filed an application I.A.No.187 of 2007 under Order 41 Rule 27 C.P.C., seeking to receive certain documents. The plaintiff filed the present application I.A.No.60 of 2008 under Section 45 of the Indian Evidence Act, seeking to send those documents for expert opinion and the same was dismissed by the Court below through the impugned order, dated 16.4.2008, on the ground that every document need not be sent to handwriting expert and it can be compared by the Court. Thereafter, the application I.A.No.187 of 2007 filed by the defendants to receive the documents was dismissed by the Court below by order, dated 23.4.2008. Aggrieved by the same, the defendants filed C.R.P.No.2968 of 2008 and this Court by order, dated 29.7.2010, allowed the said revision and remitted the matter to the Court below. 4. Now, the only grievance of the plaintiff is that in view of allowing of C.R.P.No.2968 of 2008, by order dated 29.7.2010, remitting the matter for fresh consideration, a fresh opportunity may be given to him to move the Court below by way of filing an application under Section 45 of the Indian Evidence Act. 5. In this connection, it is to be seen that the Court below initially dismissed the application filed by the plaintiff under Section 45 of the Indian Evidence Act to send the documents to expert opinion. Thereafter, the Court below dismissed the application filed by the defendants to receive the documents, which were sought to be sent for expert opinion by the plaintiff. Now, in view of allowing of C.R.P.No.2968 of 2008, by order dated 29.7.2010, the documents filed by the defendants were received and the matter is pending before the Court below, it would be expedient to permit the plaintiff to file a fresh application under Section 45 of the Indian Evidence Act to send those documents for expert opinion. As and when such application is filed, the Court below shall dispose of the same on merits in accordance with law. 6. With the above observations and direction, the civil revision petition is disposed of, at the stage of admission. No order as to costs. _________________________ JUSTICE D.S.R. VARMA 24.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.4151 of 2008 24.09.2010 (Msr)