The petitioner is the defendant in the suit O.S No. 67 of 1998 filed by the respondent – plaintiff on the file of the Additional Senior Civil Judge (Fast Track Court), Anakapalle for recovery of a sum of Rs.1,34,993.80 ps based on a promissory note Ex.A-1 dated 03-12-1995. The petitioner filed written statement taking a plea that the suit pronote is a rank forgery and the signature contained on Ex.A-1 is not of him. Earlier, he filed an application in I.A No. 183 of 1999 for sending Ex. Ex.A-1 to Hand Writing Expert to compare the signature on Ex.A-1 with that of his signatures taken in the open Court on 31-10-2001. It appears, the Court below allowed the said application and the pronote was sent to the Hand Writing Expert for comparison of the signature on Ex.A-1 pronote with the specimen signatures taken in the open Court on 31-10-2001. It is stated that the expert submitted a report opining that the signatures taken in the open Court are not tallying with the signature on Ex.A-1 pronote. Therefore, the petitioner filed I.A No. 133 of 2005 under Order XVI Rules 1 to 5 CPC to summon the expert to give evidence on his opinion and the same was opposed by the respondent sta