HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.1256 OF 2009 DATE:11-03-2011 BETWEEN Mude Ramachandra Rao …Petitioner AND Tummala Radha Krishna Murthy …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.1256 OF 2009 ORDER: Petitioner-defendant filed I.A.No.2 of 2009 in O.S.No.1150 of 2004 under Order 16 Rule 14 C.P.C. for issuing summons to the handwriting expert to give evidence before the Court. By the impugned order, dated 18.2.2009 the I.A. was dismissed by the lower Court. Hence, the present revision. Earlier, on allowing I.A.No.342 of 2007 on 6.8.2007, summons were issued to the Deputy Government Examiner who compared the disputed signatures on Ex.A.2 payment endorsement in Ex.A.1 and gave his opinion. On taking out summons, the said examiner requested the Court that he may be examined on commission as per the circular issued by this Court, wherein this Court directed the subordinate Courts to take recourse for issuance of commissions for recording the evidence of scientific experts in civil cases wherever it is necessary instead of summoning them to Courts by following the provisions of Order 16 Rule 10-A and the newly introduced provision of Order 24 Rule 4-A under Act 22 of 2002 of Code of Civil Procedure. Considering the said request, the impugned I.A. filed by the petitioner to issue summons to the handwriting expert to give evidence before the Court was dismissed by the lower Court directing the petitioner to take necessary steps to examine the witness on commission. The discretion exercised by the lower Court does not suffer from any illegality since the summoning of handwriting expert to be present in the Court even from the place within 500 K.Ms. will cause lot of inconvenience as they have to spend time at least two days in that regard including for traveling. In view of the same, no illegality is discernable with the impugned order passed by the lower Court. However, the petitioner is permitted to file a petition to examine the handwriting expert on commission within two weeks from the date of receipt of a copy of this order and on filing such petition, the lower Court shall consider the same and pass appropriate orders. The revision is dismissed with the above observation. No order as to costs. _______________ A. GOPAL REDDY, J. MARCH 11, 2011 Tsr.