THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION Nos.4226 AND 4030 OF 2011 COMMON ORDER:- C.R.P.No.4226 of 2011:- The Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 27.07.2011, in I.A.No.148 of 2011 in O.S.No.320 of 2006 on the file of the Additional Senior Civil Judge, Kurnool, whereunder and whereby, petition filed under Order XXVI Rule 10(A) and Section 151 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) read with Section 45 of the Indian Evidence Act, 1872 to send the admitted signatures of all the documents along with the disputed signatures on Ex.A-1 of the defendant to the second Expert in the petition schedule, was dismissed. 2. Heard the learned counsel for the petitioner. 3. The petitioner/plaintiff filed the suit against the respondent/defendant for recovery of money. At the instance of the plaintiff, documents were sent to the Expert for comparison and opinion. Because the Expert has not stated anything with regard to certain aspects and it is not a full report, the plaintiff sought permission of the Court to send the disputed documents along with the admitted signatures to another Expert. No reasons were assigned as to why the opinion of the second Expert is necessary. Basing on the admissions made in the cross examination of expert, the present application is said to have been filed in the trial Court. It is pertinent to refer to a decision of this Court in M.Ramesh Babu vs. M.Sreedhar[1] wherein at para No.51, it is held as under: “Therefore, we are of the view that there is no bar to take the opinion of a second expert without setting aside the earlier report. However, it is not desirable to appoint second commissioner or to refer to the second expert without there being any valid reasons. There should be special circumstances and the Court must record its reasons for sending the document to the second expert or for appointing a second commissioner. If the circumstances warrant, the Court may appoint second commissioner or to seek the opinion of a second expert in the light of the language of Order XXVI Rule 10-A of CPC read with Section 45 of the Indian Evidence Act. The salient features, essentials and distinction between Order XXVI Rule 9 and Order XXVI Rule 10-A of CPC read with Section 45 of the Indian Evidence Act always to be kept in mind. We are in complete agreement with the opinion of the learned Judge in Korvi Rosaiah’s case (supra). Moreover, we are of the view that the doors of the trial Court shall not be shut at the initial stage. The parties must be given full opportunity to adduce evidence and the other side must be given the same opportunity to adduce rebuttal evidence.” No valid reasons are given in the affidavit filed in support of the petition. Therefore, the trial Court rightly dismissed the Interlocutory Application and there are no grounds to interfere with the impugned order and the petition is liable to be dismissed. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. C.R.P.No.4030 of 2011:- 5. The Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 27.07.2011, in I.A.No.147 of 2011 in O.S.No.320 of 2006 on the file of the Additional Senior Civil Judge, Kurnool, whereunder and whereby, petition filed under section 151 C.P.C. to reopen the case for sending the admitted and disputed signatures of the defendant to the 2nd expert was dismissed. 6. In view of the order passed in C.R.P.No.4226 of 2011, the question of reopening the case for sending the admitted and disputed signatures of the defendant to the second expert does not arise. The cause in this petition does not survive for adjudication. 7. Accordingly, the Civil Revision Petition is dismissed as infructuous. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 18th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION Nos.4226 AND 4030 OF 2011 Date:18.10.2011 AMD [1] 2009(4) ALT 780 (D.B.)