THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4802 OF 2009. DATED:09-03-2010. Between: N.Surya rao … Petitioner-Defendant and M.Duraga Rao …Respondent-Plaintiff THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4802 OF 2009. ORDER: This petition is filed under Article 227 of the Constitution of India challenging the order, dated 22-08-2009, in I.A.No.284 of 2009 in O.S.No.187 of 2006, on the file of the Additional Senior Civil Judge, Fast Track Court, Kovvur, whereunder and whereby the application filed under Section 45 of the Indian Evidence, Act, 1872 to send suit promissory note and the documents under Exs.B1 to B3 to the handwriting expert for comparison and opinion, was dismissed. 2. In the written statement as well as in the evidence, the plea of the defendant is that he gave blank promissory note to the husband of one Suryakantham and due to disputes, the husband of Suryakantham used those pronotes against him. Therefore, this evidence on record would go to show that defendant is admitting the signature on the suit promissory note. When he is not disputing about the signature on the documents, question of sending the document to the expert for comparison and opinion does not arise. 3. With regard to age of ink, the trial Court has given a finding that science has not developed so as to determine the age of the ink. On this aspect, there is no evidence to show that promissory notes were written in a particular year. Coming to the handwriting in Ex.B1 to be compared with the promissory note contents, the trial Court held that there is no mention in Ex.B10 that the calculation entries made in Ex.B10 is pertaining to the transaction covered under Ex.A1. Considering these aspects, the trial Court rightly held that there was no need to send the suit document along with Exs.B1 to B3 to the expert for comparison and opinion. Those findings cannot be said to be perverse. Therefore, there are no grounds to interfere with the impugned order. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. --------------------- K.C.BHANU, J DATED:09-03-2010 Hsd