THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.5049 OF 2009 ORDER: The petitioner, who is the defendant in O.S.No.190 of 2007 on the file of the V-Additional District Judge, Guntur, seeks to assail the order dated 19.10.2009 passed in I.A.No.1348 of 2009. The petitioner filed I.A.No.1348 of 2009 under Section 45 of the Evidence Act seeking to send Ex.P1 promissory note to the Handwriting Expert for comparison of the alleged signature of the petitioner on Ex.P1 with his admitted signatures; for ascertaining the age of the promissory note; age of the ink and to note the interpolation of figures in the year 2002 to appear as 2004. The Court below dismissed the said application on the grounds that sufficient evidence has already been let in by the parties on the above aspects and the Court has also got power under Section 73 of the Evidence Act to compare the disputed signature with the admitted one. The Court below further held that in the written statement filed by the petitioner, he has made only a bald plea about the interpolation and he had not specifically pleaded that there was alteration of the figure ‘2’ in the year 2002 to appear as 2004 or in respect of the age of the ink or promissory note. Having heard the learned counsel for the petitioner and perusing the material available on record, I am of the opinion that the Court below was right in holding that the Court can also compare the disputed signatures with that of the admitted signatures under Section 73 of the Evidence Act. Having adduced sufficient evidence on the above aspects, the petitioner at a belated stage sought for sending the promissory note to the Expert. Hence, I do not find any illegality in the impugned order so as to interfere with the same under Article 227 of the Constitution of India. However, the petitioner can seek for comparison of the disputed signature with that of the admitted one by the Court below. The Civil Revision Petition is, accordingly, dismissed. No order as to costs. __________________ B.PRAKASH RAO, J Dated 30th October, 2009 vrn