THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No. 1709 of 2010 ORDER: This civil revision petition is directed against an order passed on 22.3.2010 in IA No. 7 of 2010 in suit OS No. 7 of 2008. The petitioner herein is the sole defendant in the suit while the respondent is the sole plaintiff. IA No. 7 of 2010 has been instituted seeking the suit document Ex.A1 – pro note to be sent for expert opinion. That application has been dismissed on the ground that it has been moved belatedly. The plaintiff has instituted the suit for recovery of a sum of Rs.3,75,200/- on the foot of a promissory note said to have been executed by the petitioner-defendant herein. The petitioner herein while cross-examining PW1, the plaintiff, has given a suggestion that the suit document Ex.A1 is a forged document. When the attestors were examined as PWs 2 and 3, the petitioner herein has suggested to them that there is no transaction that has taken place between the plaintiff and the defendant for them to witness and has suggested to them that the signature has been forged on the suit document Ex.A1 pro-note. But, he has not made any attempt to send the same to Handwriting Expert when he got into the box as DW1. Now at this belated stage, after completion of his examination, the court found no reason to entertain this application and considered the same to be delaying tactics adopted by the petitioner herein. The reasoning assigned by the learned Addl. Senior Civil Judge at Luxettipet does not call for any interference at all. No party to a lis can keep quiet from taking all such measures which are required to be taken with necessary promptitude and wait for long period of time for establishing his defence. However, I am informed that no regular officer is posted as Additional Senior Civil Judge at Luxettipet and consequently not many matters are being taken up for disposal by the incharge officer. Hence, in the peculiar facts and circumstances of the case, where the petitioner herein pleaded that there is good relationship between the respondent-plaintiff and himself in the past and that he was a semi literate person and hence his innocence and relationship has been exploited by the respondent-plaintiff. In these peculiar facts and circumstances, I consider it appropriate to allow IA No. 7 of 2010. I direct the Addl. Senior Civil Judge, at Luxettipet to forward the suit document Ex.A1 in OS No. 7 of 2008 for examination of Handwriting Expert and for his opinion thereon. For the said purpose, the Addl. Senior Civil Judge, Luxettipet, will forward the suit document Ex.A1-pro-note, the original vakalatnama signed by the petitioner herein for marking his appearance in Civil Suit OS NO.7 of 2008 and the written statement signed by him as well as his deposition signed by him to the Director, Truth Laboratories, 402, Apoorva Towers, Opp. KBR Park, Lane Beside ING Vysya Bank, Road No.2, Banjara Hills, Hyderabad, Tel. No. 040-23390999 together with two attested signatures of the defendant collected on a white paper so that the Truth Laboratories will examine the same and render an opinion to the court with regard to the claim of the petitioner herein that the suit pro-note document Ex.A1 has not been signed by him. For this purpose, the petitioner herein will immediately deposit a sum of Rs.1,000/- and also affix at two distinct and separate places his signatures on a white paper, which might be attested by the Head Clerk of the Addl. Senior Civil Judge’s Court at Luxettpet to be sent over to the Truth Laboratories for defraying the initial expenditure. Along with their opinion the Truth Laboratories will raise their bill for the services rendered by them, which the petitioner herein undertakes to clear by depositing the balance amount within a period of 15 days from the date of receipt of intimation in that regard from the Addl. Senior Civil Judge’s Court at Luxettipet. Let the opinion of the Truth Laboratories be obtained on or before 30.9.2010. With this the Civil Revision Petition stands allowed. No costs. --------------------------------- Nooty Ramamohana Rao, J knk 13th August 2010 Note: CC may be made available to the parties on either side and also Registry may forward directly to Truth Laboratories, 402, Apoorva Towers, Opp. KBR Park, Lane Beside ING Vysya Bank, Road No.2, Banjara Hills, Hyderabad, Tel. No. 040-23390999.