The respondent filed O.S.No.138 of 2011 in the Court of Senior Civil Judge, Repalle against the petitioner for recovery of certain amount on the strength of a promissory note dated 20-10-2008. It was pleaded that the petitioner herein executed the promissory note in favour of the father of the respondent, and in spite of repeated demands, he did not pay the amount, covered by the promissory note.

2. The petitioner filed a written-statement, opposing the suit. According to him, one promissory note was signed by him in the year 2000, on a request made by one Sri Venkata Rama Rao, and after the death of Venkata Rama Rao, when demand was made by the father of the respondent, he paid the amount in installments. He pleaded that though the father of the respondent promised to destroy the promissory note, signed by him, the present suit was filed by putting fictitious date.

3. The petitioner filed I.A.No.518 of 20012, under Section 45 of the Indian Evidence Act (for short ‘the Act’), with a prayer to send the promissory note dated 20-10-2008 to the handwriting expert for determination of the age of the signature on the document. The application was opposed by the respondent. The tr