THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 4761 OF 2010 DT.16.9.2011 Between: Nerella Venkata Guruvulu … Petitioner And Yeluri Hanumantha Rao … Respondent Counsel for the Petitioner: Sri VVLN Sarma Counsel for respondent. Sri AV Sesha Sai The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 4761 OF 2010 ORDER: The petitioner herein is defendant/judgment debtor in the suit filed by the respondent herein in O.S. No. 133 of 2004 on the file of the Junior Civil Judge, Macherla, for recovery of money. The said suit was decreed against the petitioner herein and aggrieved by the same, he filed an appeal in A.S. No. 12 of 2007 on the file of the Senior Civil Judge, Gurazala. In the said pending appeal, the petitioner herein filed an application under Section 45 of the Indian Evidence Act and Section 151 of CPC to send Ex.B1/receipt dated 15.5.2000, to the hand writing expert for comparison. The petitioner claims that he has paid an amount of Rs.40,000/- under receipt Ex.B1. However, the same was disputed by the respondent and in fact, in the suit, the respondent has filed an application in I.A. No. 591 of 2006 to send Ex.B1 to hand writing expert, which application was dismissed by the trial Court. Later the trial Court, decreed the suit against the petitioner recording certain adverse findings on Ex.B.1, as such, the petitioner has filed the subject application before the lower Appellate Court, which was dismissed by order dated 10.9.2009, hence, the present revision. Heard both sides and perused the material available on record. Admittedly, the plaintiff-respondent herein filed an application to send the disputed receipt in Ex.B.1 to hand writing expert and the same was dismissed by the trial Court. As rightly observed by the lower Appellate Court, the petitioner ought to have taken appropriate steps to challenge the order of the trial Court declining to send Ex.B1 to expert opinion. Further, when the plaintiff is not admitting the signature on Ex.B1 and when there is no admitted signature of plaintiff, the Court below has rightly dismissed the application and the said order needs no interference by this Court. The revision petition fails and the same is hereby dismissed. No costs. ______________ V.ESWARAIAH,J DT.16.9.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 4761 OF 2010 DT.16.9.2011