COMMON ORDER:

Plaintiff in the suit filed C.R.P.No.1787 of 2022 against the order dated 29.12.2020 in I.A.No.1000 of 2019 in O.S.No.29 of 2018 on the file of the Senior Civil Judge, Peddapuram.

2. C.R.P.No.2675 of 2022 is filed against the order dated 18.07.2022 passed in I.A.SR.No.1636/22 in O.S.No.29 of 2018 on the file of the Senior Civil Judge, Peddapuram.

3. Plaintiff filed suit O.S.No.29 of 2018 against the defendant for recovery of amount on the strength of promissory note dated

17.08.2015.

4. Defendant, by filing written statement, is contesting the suit. Pending the suit, defendant filed I.A.No.1000 of 2019 under Section 45 of Indian Evidence Act to send the documents for expert.

5. Initially, court below by order dated 05.12.2019 allowed the application to send the documents to Director, A.P. Forensic Science Laboratory, 4 & 5th Road, Mangalagiri.

6. Expert returned the documents, vide letter dated 21.01.2020 stating that the standards are insufficient to form an opinion and requested to retransmit extensive admitted English/Telugu signatures of the defendant pertaining to the year 2015.

7. Later, expert addressed letter dated 04.06.2020 to the presiding officer. Which reads as follows:

“Kindly refer to the letter cited, it is to submit that, the documents have been examined and any conclusive opinion could not be drawn on the available standards.

Hence, the documents received herewith returned…..”

8. Pursuant to the returning of the documents by the Director, A.P.F.S.L, Mangalagiri, Court below by docket order dated 29.12.2020 directed the office to send the requested documents along with admitted signatures of the defendant to Truth Labs, Hyderabad for opinion on payment of process fee and expert fee by the defendant. Documents were sent to the Truth Labs, but expert fee was not paid. Pursuant to the docket order dated 29.12.2020, it underwent adjournments from time to time i.e., on 02.08.2021, 01.09.2021, 28.09.2021, 27.10.2021, 26.11.2021, 14.12.2021, 04.01.2022 & 25.01.2022. Finally expert fee was paid and hence the documents were sent to the expert on 28.02.2022.

9. Initially expert fee was not paid. Therefore, on 04.01.2022 lower Court directed the defendant to pay expert fee and adjourned the matter to 25.01.2022. On 25.01.2022 lower court again adjourned the matter to 28.02.2022 for payment of expert fee. As per the docket endorsement dated 28.04.2022, expert fee was paid and the documents were sent to Truth Labs. 10. Pursuant to the report of expert, defendant filed I.A.No.1000 of 2022 to appoint Advocate Commissioner to record the evidence of hand writing expert.

11. At this juncture, plaintiff filed I.A.SR.No.1635/2022, dated 18.07.2022 under Section 151 CPC with a prayer to direct the Advocate Commissioner not to execute the warrant and I.A.SR.No.1636/2022 praying the Court to set aside the report given by private hand writing expert. Both the petitions were returned. Aggrieved by an order in I.A.SR.No.1636/2022, C.R.P.No.2675 of 2022 is filed.

12. Aggrieved by the docket proceedings dated 29.12.2020 whereby the Court directed office to send the documents to Truth Labs, the present Civil Revision Petition is filed.

13. Heard Sri T.V.S. Prabhakara Rao, learned counsel for the petitioner, Sri E.V.V.S Ravi Kumar, learned counsel for the respondent.

14. Learned counsel for the petitioner would contend that the docket order dated 29.12.2020 was passed behind the plaintiff. Learned counsel would submit that Director, A.P.F.S.L, Mangalagiri by letter dated 21.01.2020 requested the Presiding Officer to send some more documents for comparison. Later, by letter dated 04.06.2020 Director, A.P.F.S.L, Mangalagiri returned the documents stating that documents have been examined, but no conclusive opinion could be drawn on the available standards.

15. According to the learned counsel, documents were returned to the court below and the court below, ought not to have directed the office on its own to send the documents to another exper