THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 5344 OF 2009 ORDER: Heard both sides and at their request the writ petition is taken up for disposal. The petitioner herein who is defendant filed this revision under Article 227 of the Constitution of India inter-alia seeking to assail the correctness of the order dismissing an application filed under Section 45 of Indian Evidence Act and section 151 of Civil Procedure Code to send the disputed suit document dated 10.1.2006 along with vakalath, written statement, served summons and postal acknowledgments of the service of suit summons and specimen signatures of the defendant to Director of Forensic Laboratory, Hyderabad for comparison and for expert report. On contest the Court below dismissed the said application mainly on the ground that the chief affidavits of PWs 1 to 3 were filed and suit underwent several adjournments and further having regard to the evidence as available on record, such an exercise is not necessary. Hence, the revision. Considering the submissions made by learned counsel on either side, I am of the view that such an approach of the Court below, is not correct especially when considering the necessity of expert opinion where the petitioner’s specific plea is blank forgery, as such, an opportunity should have been given to the petitioner. In the circumstances, the orders passed in I A No. 580 of 2009 dated 10th September, 2009 are hereby set aside and the revision petition is allowed. _________________ B PRAKASH RAO,J DATE: 11.2.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 5344 OF 2009 DateL 11.2.2010