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2008 Supreme(AP) 234

A.GOPAL REDDY, B.SESHASAYANA REDDY
Janachaitanya Housing Ltd. , Hyderabad – Appellant
Versus
Divya Financiers, Guntur – Respondent


Advocates appeared:
K.V:Bhanu Prasad, Counsel for the Petitioner; D. Madhava, Counsel for the Respondent.

A. GOPAL REDDY, J:-

This revision petition filed under Article 227 of the Constitution of India to revise the order dated 10.10.2007 in IA No.1210/2006 in OS No.291/2000 on the file of I Additional District Judge, Guntur was listed before us on a reference being made by a learned Single Judge of this Court to decide the question "whether an application under Section 45 of the Evidence Act filed for sending the signatures for comparison and expert opinion, can be entertained at the later stage, including when coming up for arguments after entire trial ?"

2. When the revision petition came up for admission before a learned Single Judge of this Court, it was pointed out the inconsistent views taken by two learned Judges of this Court for maintaining the applications filed seeking expert's opinion at the belated stage of arguments in Kaveti Sarada v. Vemineni Hymavati, 2006 (4) ALD 460 = 2006 (4) ALT 56, Pulaparti Sankuntala Bai v. Mygapula Ramanjaneyulu, 2006 (3) ALD 146 = 2006 (3) AL T 607 and Guru Govindu v. Devarapu Venkataramana, 2006 (4) ALD 333 = 2006 (6) ALT 17.

3. Before we proceed to answer the reference, we must say the exercise of revisional jurisdiction under Article 227 for























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