THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3498 of 2009 ORDER: The petitioner filed O.S.No.116 of 2007 against the respondents for the relief of specific performance of an agreement of sale. The respondents filed a written statement denying the execution of the document. They also filed I.A.No.1278 of 2008 under Section 151 C.P.C. with a prayer to send the agreement of sale together with their admitted signatures 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 04.02.2009. The same is challenged in this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is for the petitioner to prove the execution of the agreement of sale as well as the payment of consideration to the respondents. It is no doubt true that the respondents denied the execution thereof. When the burden squarely rests upon the petitioner, to prove the various ingredients, the respondents have taken upon themselves, 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 respondents are 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.3498 of 2009 Date: 20.10.2009 JSU