THE HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.5507 of 2010 Dated: 03-12-2010 Between: Yalavarthi Sambasiva Rao ………..Petitioner and Koganti Bhaskar Rao …………Respondent THE HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.5507 of 2009 ORDER : This Civil Revision Petition is filed against the order dated 25-10-2010 in I.A.No.975 of 2010 in O.S.No.4 of 2010 on the file of the Additional Senior Civil Judge, Tenali at Guntur. 2. The case of the petitioner, in brief, is that the petitioner is the defendant in O.S.No.4 of 2007, which was filed for recovery of pronote amount by the respondent herein. After completion of trial, the petitioner filed the present application under Section 45 of the Indian Evidence Act permitting the petitioner to send certain documents for comparison of his admitted signatures along with disputed signature to the handwriting expert for giving his opinion. The Court below dismissed the said application on the ground that opinion evidence cannot override the direct evidence of witnesses. Aggrieved by the same, the petitioner filed the present Civil Revision Petition. 3. The dispute is only with regard to the signature on the 4th payment endorsement. So far as the other three payment endorsements are concerned, the petitioner has admitted his execution of pronote. Under Section 73 of the Evidence Act, the Court has got every right to compare the disputed and admitted signatures. However, now the dispute is with regard to the 4th payment endorsement, though the Court has got every right to compare the disputed and admitted signatures, while comparing the signatures, it has to be done in the presence of both the parties. Hence, an opportunity to that effect may be given to the petitioner. 4. Accordingly, the Civil Revision petition is disposed of, directing the Court below to compare the disputed and admitted signatures in the presence of both the parties before coming to the conclusion. No costs. ___________________ December 03, 2010 kvr