HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 1370 of 2009 DATED 23RD SEPTEMBER, 2010. BETWEEN Sri Patnala Venkata Someswararao ….Petitioner and Varanasi Srinivasa Rao ….Respondent. HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.1370 of 2009 ORDER: This revision is ﬁled by the petitioner/defendant against the dismissal of his routine application ﬁled under Section 45 of the Indian Evidence Act. Admittedly, the respondent herein ﬁled the suit against the petitioner for recovery of certain amount based on a pronote. The petitioner contested the suit mainly on the ground that the said pronote is forged. When the evidence on both sides was closed and the suit is coming up for arguments, the petitioner/defendant ﬁled the impugned application under Section 45 of the Indian Evidence Act praying to send Ex.A.1-pronote to the General Manager, Indian Security Press, Nasic for examining the same as to when the disputed revenue stamp was printed and circulated to the public. The Court below, after considering the submissions advanced by both sides and relative merits of the application, dismissed the same. Hence revision. Having considered the submissions made and perused the material available on record, it is to be seen, in the circumstances of this nature where a speciﬁc plea of forgery is taken by the defendant, necessarily burden lies on the plaintiﬀ, but not on the defendant. It is for the plaintiﬀ to undertake an exercise under Section 45 of the Indian Evidence Act, but not 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 Petition is dismissed. No order as to costs. ------------------------------------------- JUSTICE B. PRAKASH RAO 23RD SEPTEMBER, 2010. Msnr.