The revision petitioner is the defendant who failed before the trial Court in I.A.No.292 of 1999 to obtain an order to send the disputed document to the Handwriting Expert for comparison of the signatures and to submit a report. He has come forward with this petition challenging the legality of the said order in the Interlocutory Application dated 07.12.2003.

2. Heard both sides. The only point for consideration is whether the trial Court has to exercise its power under Section 73 of the Indian Evidence Act to compare the signature in the disputed document with that of the signatures in the admitted documents before ever the document is sent to the hand writing expert for comparison.

3. The provision under Section 73 of the Indian Evidence Act reads as follows:

"73.Comparison of signature, writing or seal with others admitted or proved:- In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writi