G.M. SUDARSHAN REDDY Vs. MASTER ABHINAY

JUDGEMENT

(1.) BY this petition, the Defendant (revision Petitioner herein) has challenged the order dated 11.6.1998 passed by (M. Shobha), Additional Civil Judge (Jr. Dn.) Bangalore (R) District, Bangalore, in O.S. No. 1048 of 1989 on I.A. No. 19, whereby the trial Court has dismissed the application (I.A. No. 19) filed under Order 26, Rule 10 read with Section 151 of the Code of Civil Procedure, to appoint an expert Commissioner who is expert in scientific investigation of paternity of the Plaintiff (Respondent herein).

(2.) IN the suit for partition, the Defendant had disputed the paternity of the Plaintiff and alleged that the Plaintiff is not his son and he is not the father of the Plaintiff though it was admitted that the child i.e., the Plaintiff was born during the lawful wedlock and the marriage of the Defendant -revision Petitioner with the mother of the Plaintiff. The plea was taken by the Defendant to the effect that there was no consummation of marriage with the Plaintiff's mother.

(3.) THE trial Court observed that the first essential thing in testing the paternity is that the mother should be alive. But in this case the Plaintiff's mother died during the pendency of the suit. As such, in the absence of the mother test cannot be conducted and the test of this nature cannot be conducted and valid results could not be arrived even after spending huge amount on that test. The Court can appreciate the evidence led by both the parties in this case with regard to the paternity of the Plaintiff and hence the trial Court dismissed the application I.A. No. 19.