THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY C.R.P. No.204 of 2010 ORDER: The petitioner filed O.S.No.3619 of 2006 in the Court of I Additional Junior Civil Judge, Ranga Reddy District, at L.B. Nagar, for the relief of declaration, that he is the owner and possessor of the suit plot, and for perpetual injunction against the respondents. The respondents based their claim on a sale deed, said to have been executed by the petitioner. The trial of the suit commenced. The original of the sale deed, relied upon by the respondents, was not with the petitioner. It was filed only in the course of the evidence of the respondents, and was marked as Ex.B-1. The petitioner filed I.A.No.1780 of 2009 under Section 45 of the Indian Evidence Act (for short ‘the Act’), with a prayer to send Ex.B-1 for comparison with undisputed signature and thumb impression, to Finger Print Expert, Forensic Science Laboratory, Government of Andhra Pradesh. The application was resisted by the respondents. The trial Court dismissed the I.A., through order dated 27-11-2009. The same is challenged in this revision. Heard the learned counsel for the petitioner. Though the respondents are served with the notice, they have not chosen to enter appearance. The only ground on which the trial Court dismissed the I.A. was, that it was filed at a belated stage; and the suit is at the stage of arguments. It is true that the I.A. was filed three years after the suit was instituted. However, the original of Ex.B-1 was not in the possession of the petitioner. It came to be filed into the trial Court, only during the evidence of DW-1. Soon thereafter, the petitioner filed the application. Therefore, it cannot be said that there was any undue delay on the part of the petitioner in filing the I.A., under Section 45 of the Act. When the petitioner has taken a specific plea, that he did not execute Ex.B-1, it is in the interest of all, that the opinion of an expert is obtained, in relation thereto. Hence, the C.R.P is allowed, and the order under revision is set aside. Consequently, I.A.No.1780 of 2009 is allowed, and the trial Court shall send Ex.B-1 for comparison by the handwriting and finger print expert of Forensic Science Laboratory, Government of Andhra Pradesh, along with the finger prints of the petitioner, taken in the presence of the Court. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.10-08-2010. KO