THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3450 of 2009 ORDER: The petitioner filed O.S.No.46 of 2007 against the respondent for recovery of certain amount on the basis of a promissory note dated 13.05.2004. The respondent filed a written statement denying the execution of the note. He has also filed I.A.No.397 of 2007 under Section 151 C.P.C. with a prayer to send the promissory note together with his admitted signature for comparison to the Government hand writing expert, F.SL. or C.F.L. at Hyderabad. The petitioner opposed the application by raising several grounds. The trial Court allowed the I.A. through docket order dated 03.02.2009. The same is challenged in this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. It is for the petitioner to prove the execution of the promissory note as well as the payment of consideration to the respondent. It is no doubt true that the respondent denied the execution thereof. When the burden squarely rests upon the petitioner, to prove the various ingredients, the respondent has taken upon himself, the task of filing an application to send the document for comparison to hand writing expert. The application itself was improper, inasmuch as it was filed under Section 151 C.P.C. Even where it is otherwise tenable, it needs to be filed under Section 45 of the Evidence Act. The stage at which an application of this nature is to be filed becomes relevant and important. It is only after commencement of the trial and that too when the party relying upon the document is faced with a serious opposition or denial, that he must have to resort to the steps under Section 45 of the Evidence Act. In case, he is able to establish the proof thereof by examining witnesses etc., the necessity to send it to an expert may not arise. Further, in case the respondent is able to elicit valuable information during the course of trial, the petitioner himself may reconcile to a situation of giving up the claim. Either way the proper stage to file an application under Section 45 of the Evidence Act would be only after commencement of trial. Viewed from any angle, the order under revision cannot be sustained in law. The civil revision petition is accordingly allowed and the order under revision is set aside. There shall be no order as to costs. __________ 20.10.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3450 of 2009 Date: 20.10.2009 JSU