APHC010521422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION NO: 2862/2024 Between: Nallavula Vijaya Lakshmi and others ...PETITIONER(S) AND Bommineni Venkata Ramana ...RESPONDENT Counsel for the Petitioner(S): 1. YADAVALLI RAMESH Counsel for the Respondent: 1. K MOHAN RAMI REDDY The Court made the following: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION NO.2862 of 2024 ORDER: The petitioners herein are the defendants and the respondent herein is the plaintiff in the suit in O.S.No.57 of 2018 on the file of the learned Principal Senior Civil Judge, Ongole, which is filed for recovery of money basing upon the promissory note. 2. After demise of the sole defendant/1st respondent, the legal heirs of the deceased defendant filed an application in I.A.No.387 of 2024 in O.S.No.57 of 2018 to send promissory note for expert opinion for comparison with the admitted signatures. The trial Court has dismissed the said application on the ground that the defendants have not filed any contemporary documents. 3. Learned counsel for the petitioners relied on the judgment of this Court in Bipili Kesava Rao vs. Raghunath Patnaik1 for the proposition that the document can be sent at the belated stage. But the facts in the said judgment relied by the learned counsel for the petitioner are not applicable to the facts of the present case as the issue before the trial Court is that the defendants have not filed any contemporary documents to compare the signatures of the suit document i.e., Ex.A1 promissory note. 1 2023 Supreme (Online)(AP) 21984 3 4. The proposition in the judgment of the composite High Court in Bande Siva Shankara Srinivasa Prasad Vs. Ravi Surya Prakash Babu and others2 is that “What is the meaning of contemporaneous; and what is the measure of contemporaneity”, held as hereunder: "b) What is the meaning of contemporaneous; and what is the measure of contemporaneity. Comment: Contemporaneous means occurrence at same period of time. No specific measure could be assigned to the element of contemporaneity. One of the famous authors in the field of examination of documents, Ordway Hilton, in his famous book Scientific Examination of Questioned Documents, states that material written two or three years before or after the disputed writing serve as satisfactory standards and the same is enunciated in page 11 of Annexure enclosed." 5. According to the judgment of the full Bench in Bande Siva Shankara Srinivasa Prasad’s case (referred supra), there should be a two or three year gap between contemporaneous document, but in this case, there is six years gap. The signature may alter over time even though in the present case, it has not been changed purposefully. Consequently, the trial Court conclusions in the contested order are valid and hence, this Court is hesitate to grant any kind of relief. 2 AIR 2016 Hyderabad 118 Full Bench 4 6. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 12.03.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION NO. 2862 of 2024 Date : 12.03.2025 SPP