THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.4850 of 2009 Date: 23-12-2009 Between P.Srinivasulu … Petitioner and P.Bhuvaneswari … Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.4850 of 2009 Oral Order: Heard Sri Narasimha Rao Gudiseva, learned Counsel appearing for the petitioner-plaintiff. 2. This civil revision petition is directed against the order and decree, dated 13-7-2009, passed by the VI Additional Junior Civil Judge, Vijayawada, Krishna district in allowing the application I.A.No.1113 of 2008 in O.S.No.3111 of 2006, filed under Section 45 of the Indian Evidence Act, permitting the defendant to send the hand book Ex.B-1 to the expert for examination and comparison of the handwriting in it said to be written by the plaintiff with her admitted writing and to give opinion along with data and basis. 3. The petitioner herein is the plaintiff and the respondent is the defendant in the suit before the Court below. 4. It is contended by the learned Counsel for plaintiff that the records, which are directed to be sent to the expert, only contain certain numeric figures and nothing more and in such a case, it is not desirable for the Court below to order the interlocutory application filed by the defendant. 5. The jurisdiction that can be exercised under Section 45 of the Indian Evidence Act is totally within the discretionary jurisdiction of the Court below. Furthermore, even if any opinion is expressed by the expert, the same is not conclusive and the plaintiff can always subjected the expert to cross-examination and also argue on merits, particularly with regard to the entries made in the books. When such a dispute is available to be raised by the plaintiff, I am of the opinion that the discretionary order passed by the Court below cannot be interfered with. 6. For the foregoing, I see no merit in the revision and the same is liable to be dismissed. 7. However, it is made clear that as observed, the Court below shall decide the suit on merits and not by simply relying on report of the expert. 8. With the above observations and directions, the civil revision petition is dismissed, at the stage of admission. ___________________ JUSTICE D.S.R.VARMA 23rd December, 2009. Ak