HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 5697 OF 2010 ORAL ORDER: Challenging the docket order dated 19th July, 2010 passed by the XI Additional District Judge, Tenali, Guntur District, in I.A.No. 221 of 2010 in A.S.No. 249 of 2009, the present Civil Revision Petition is filed. Petitioner herein is the unsuccessful plaintiff in O.S.No. 133 of 2007 on the file of Senior Civil Judge, Tenali. The suit was dismissed by the trial Court and aggrieved by the same, petitioner herein filed A.S.No. 249 of 2009 along with an application viz., I.A.No. 221 of 2010 and the appellate Court by order dated 19th July 2010 set aside the judgment and decree of the trial Court and remitted the suit for fresh disposal on the plea of discharge by taking into account the additional evidence to be adduced by plaintiff-petitioner herein. The lower appellate Court also dismissed the I.A.No. 221 of 2010 filed by the petitioner herein. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the lower appellate Court should have considered the application for sending the expert opinion when the matter is remanded to trial Court for fresh consideration. Heard the learned counsel appearing for the petitioner and also perused the material made available on record. In a suit filed for recover of money on the basis of promissory note, the question of sending the document to an expert for his opinion depends on the facts and circumstances of each case, to grant or not to grant such relief is the discretion of the Court and the same cannot be interfered with unless grave prejudice is caused to the other side or a party is put on an advantageous position. Section 17 of the Indian Evidence Act reads as under: “17. Admission defined: An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.” In view of the above, I see no reasons to interfere with the order passed by the lower appellate Court under Article 227 of the Constitution of India. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 31.12.2010 KA