THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3783 OF 2009 ORDER: The petitioner filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 09.07.2009 in I.A.No.839 of 2009 in O.S.No.180 of 2008 on the file of the Principal Junior Civil Judge, Mangalagiri, Guntur District, in rejecting the application filed under Section 45 of the Indian Evidence Act {“the Act” for brevity}, seeking to send the suit pro-note to Handwriting Expert for the purpose of comparison and opinion. The facts of the case, in brief, are that in a suit filed for recovery of money under pro-note, the defendant-petitioner herein contested the same by taking a specific plea that the suit pro-note is a forged document and therefore, he is entitled to send the said pro-note to the Handwriting Expert for comparison and opinion. The Court below dismissed the application on the ground of latches. Hence, the revision. Having considered the submissions made and on perusal of the material available on record, it is seen that in cases of this nature, where a specific plea is taken by the defendant, necessarily the burden lies on the plaintiff but not on the defendant. It is for the plaintiff to undertake an exercise under Section 45 of the Act, but not for the defendant. If the plaintiff takes no such step, it is always open for the defendant to take advantage of the same. In the said circumstances, I do not find any merits in the revision. The Civil Revision Petitions is, accordingly, dismissed. No costs. _________________ (B.PRAKASH RAO, J) 16th July 2010 RRB