THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.5224 of 2009 ORDER: The petitioner herein, who is the defendant in the Court below, filed this revision under Article 227 of the Constitution of India seeking inter alia to assail the correctness of the order rejecting an application filed under Section 45 of the Evidence Act in a suit for specific performance where the petitioner states that there is a clear denial on his part since it necessitates Ex.A.1 suit agreement for sending for expert opinion. The Court below, however, taking into account the facts and circumstances and also the fact that there is no such contemporaneous document with which the suit document can be compared with, rejected the application. Having heard the counsel on either side and on perusal of the material, especially, in view of the reasons as given by the Court below that there is no such contemporaneous document to compare with, the question of invoking the said provision does not arise. Even in this Court, the learned counsel for the petitioner had failed to point out any of the document, which can be used for the purpose of comparison. There is no merit in the revision and the revision is accordingly dismissed. No costs. ________________ B.PRAKASH RAO,J 06th November, 2009 grk