THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 2868 OF 2010 ORAL ORDER: This Civil Revision Petition has been filed aggrieved by the order-dated 107.06.2010 passed in I.A.No. 559 of 2010 in OS.No. 2474 of 2006 on the file of III Additional Junior Civil Judge, Visakhapatnam. Petitioners herein are the defendants in the suit O.S.No. 2474 of 2006, who filed I.A No. 559 of 2010 under Section 45 of the Indian Evidence Act to send for the document Ex. A1 to the hand writing expert to compare the signature on Ex. A1 with the admitted signature and thumb impression of the petitioner/defendant and for his opinion. That application was dismissed by the court below holding that the petitioners filed that application at a belated stage with an intention to drag on the proceedings. Being aggrieved by the same, the present Civil Revision Petition has been filed. The learned counsel appearing for the petitioners submits that the Court below ought to have seen that I.A. No. 559 of 2010 filed by the petitioners on 30.4.2010 is in a different footing from the earlier I.As 549 of 2009, 172 and 173 of 2010 and it erroneously came to the conclusion that I.A.No. 559 of 2010 is filed only to drag on the proceedings without going into the merits of the case. Heard the learned counsel appearing for the petitioner and also perused the entire material made available on record. As seen from the record, when the matter was posted for arguments to 30.4.2010 by closing the defendant’s further evidence, petitioners herein filed IA under Section 45 of the Evidence Act to send for the document Ex. A1 to the hand writing expert to compare the signature on Ex. A1 with the admitted signature and thumb impression of the petitioner/defendant and for his opinion. Therefore, the Court below rightly observed that the petitioners filed the petition at a belated stage with an intention to drag the proceedings. Therefore, I do not find any illegality or infirmity in the order passed by the Court below and the Civil Revision Petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J DATE: 23.07.2010 KA