BANARSI DASS Vs. TEEKU DUTTA

JUDGEMENT

(1.) Leave granted.

(2.) The core question involved in this appeal is whether a direction for Deoxyribonucleic Acid Test (commonly known as DNA test) can be given in a proceeding for issuance of succession certificate under the Indian Succession Act, 1925 (in short the Act).

(3.) Challenge in this Appeal is to the order of a learned Single Judge of the Delhi High Court setting aside the order of learned Administrative Civil Judge, Delhi dated 20.12.1999 whereby he had allowed an application under Section 151 of the Code of Civil Procedure, 1908 (in short the CPC) filed by the appellant seeking DNA test of the respondent no.1-Smt. Teeku Dutta and Sh. Ram Saran Dass Sharma, (who is not a party in this appeal). Respondent No.1 has filed case No.86 of 1944 for grant of succession certificate under Section 372 of the Act.