HON’BLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No.3660 OF 2009 Dt.17th August,2009 1. D.Sivasankar Reddy and another … Petitioners Vs. I. Narayanamma … Respondent HON’BLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No.3660 OF 2009 O R D E R: Heard the counsel. The matter is coming up for admission. The Civil Revision Petition is filed against the order made in I.A.No.889 of 2009 in O.S.No.63 of 2006 on the file of the Principal Senior Civil Judge, Kurnool. On a reading of the order, this Court is of the considered view that this being a discretionary order. Normally, such orders are not to be interfered with under Article 226 of the Constitution of India. The learned Judge observed as hereunder: ”The petitioner/plaintiff filed I.A.No.1284 of 2008 for sending the disputed documents to the Hand Writing Expert. The said application was allowed on merits on 1.12.2008. In pursuance of the said orders, the disputed documents were sent to the Truth Lab, Hyderabad for comparison of the disputed documents which are affected documents. This Court received the opinion of the Hand Writing Expert, by that time the suit stands posted to the plaintiff’s further evidence. The petitioner/plaintiff has taken steps to summon the Hand Writing Expert but the said Hand Writing Expert did not attend the Court. In these circumstances, the present petition is filed for appointment of a Commissioner to record the evidence of Hand Writing Expert. It is a right vested on the petitioner to summon the Hand Writing Expert and got his opinion except on behalf of the petitioner. Such a right cannot be scrutinized by the respondent. Therefore in these circumstances, it is necessary that the Hand Writing Expert should be examined. Therefore, in these circumstances, the petition is allowed and Smt.S.Madhavi, Advocate is appointed as Commissioner to record the evidence of the Hand Writing Expert Sri Narendra Singh, Director of Truth Laboratories, Banjara Hills, Hyderabad. The Commissioner is directed to issue notices to both sides fixing the date of her recording evidence in advance. Her fee is fixed at Rs.5,000/- payable directly by the petitioner. For report call on 19.8.2009”. In the light of the aforesaid reasons, the Civil Revision Petition being devoid of merit same is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed at the stage of admission. No order as to costs. _________________ P.S.NARAYANA,J 17th August, 2009. PNV