THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 5191 of 2010 ORAL ORDER: This Civil Revision Petition has been filed aggrieved by the order-dated 28.09.2010 passed in I.A.No. 1608 of 2010 in OS.No. 365 of 2008 on the file of Senior Civil Judge, Mangalagiri, Guntur. Petitioner herein is the defendant in the suit and he filed I.A.No. 1608 of 2010 under Section 45 of the Evidence Act read with Section 151 of Civil Procedure Code for sending Exs. X1 and X2 Cheques along with the admitted signatures of the defendant on Vakalat, Written Statement, depositions and original gift deed dated 8.12.2003 executed by him in favour of his grand son to the Government Handwriting Expert, Forensic Science Laboratory, Hyderabad, for comparison of the signature contained on Ex. X1 and X2 Cheques with the admitted signature of the defendant. That application was dismissed by the Court below holding that there was no necessity of sending Exs. X1 and X2 i.e., cheques which were issued by the plaintiff in connection with the consideration under Exs. A1 and A2 to the opinion of the expert. The learned counsel appearing for the petitioner contended that the order passed by the court below suffers from infirmity and the court below was not justified in dismissing the application. Heard the learned counsel appearing for the petitioner and also perused the entire material made available on record. As seen from the record, the petitioner- defendant had summoned the Manager of Vijaya Bank, Tenali Branch and examined at length and marked the cheques as Exs X1 and X2 through DW-3 i.e., Manager of the Vijaya Bank, Tenali Branch but once again the petitioner-defendant wants to send Exs. X1 and X2 to the expert to decide the signatures of the defendant on the reverse side of Exs. X1 and X2 viz., Cheques. Be that as it may, under Section 73 of the Indian Evidence Act, 1872 the Court can compare the signature, writing or seal with other admitted or proved to the satisfaction of the Court although that signature, writing or seal has not been produced or proved for any other purpose. The relevant portion reads as under: “73. Comparison of signature, writing or seal with others admitted or proved: In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. The Court may direct any person present in Court to writ any words or figures for the purpose of enabling the Court to compare the words or figures written with any words or figures alleged to have been written by such person. This section applies also, with any necessary modifications, to finger impressions” Section 45 of the Act empowers the Court to form an opinion as to the necessity and requirement. The relevant portion reads thus: “45. Opinions of experts: When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger- impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger- impressions are relevant facts. Such persons are called experts.” In view of the above and also in view of the facts and circumstances of the case, the Court below found that there is no necessity of sending Exs X1 and X2 i.e., Cheques which were issued by the respondent-plaintiff in connection with the consideration under Exs. A1 and A2 and accordingly dismissed the application filed by the petitioner-defendant. I see no reasons to interfere with 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: 12.11.2010 KA