The Hon’ble Sri Justice B.Prakash Rao Civil Revision Petition No.2203 of 2010 Order: Heard the learned Counsel for the petitioner. The petitioner, who is the defendant in O.S.No.20 of 2009 on the file of the Junior Civil Judge, Vinukonda, Guntur District, filed this Civil Revision Petition under Article 227 of the Constitution of India inter alia seeking to set aside order, dated 04-05-2010, rejecting Interlocutory Application No.184 of 2010, filed under Order XXVI Rule 10-A of the Civil Procedure Code, 1908 (for short ‘the Code’) and Section 45 of the Indian Evidence Act, 1872 (for short ‘the Act’) seeking to send Ex.A.1-suit promissory note to a hand-writing expert for the purpose of comparison of the disputed signatures thereon with his admitted signatures. After contest, the Court below, having given reasons, did not find favour with the said request and dismissed the same, apart from holding on merits that the said petition is filed only to drag on the proceedings. Hence, this Civil Revision Petition. Having heard the learned Counsel for the petitioner and perused material available on record, the only question, which arises for consideration, is as to the entitlement of the defendant to invoke the provisions of Section 45 of the Act in a suit for recovery of money, basing on a suit promissory note where his plea is that of forgery. In such circumstances, normally the burden exclusively lies only on the plaintiff to prove his pleadings including the genuineness of the suit promissory note. Therefore, such an exercise necessarily has to be taken at the instance of the plaintiff but not at the instance of the defendant. If really, the plaintiff does not take steps for any such exercise, it is always open for the revision petitioner/defendant to take advantage thereof and seek the Court to draw presumption, if so, arising at the time of final disposal of the suit. For the foregoing reasons, I do not find any merits in this Civil Revision Petition and the same is, accordingly, dismissed. There shall be no order as to costs. _______________ B.Prakash Rao, J Date: 23-07-2010 lur