RAJANAIKA Vs. UMESH

JUDGEMENT

(1.) First defendant in O.S. No. 170 of 2010 being aggrieved by order dated 3-12-2014 passed on I.A. No. 7 by Civil Judge and Judicial Magistrate First Class, Periyapatna - Annexure-E allowing the application filed under Section 45 read with Section 56 of Indian Evidence Act, 1872 and Section 151 of Civil Procedure Code, 1908 and directing plaintiff and defendants 1 and 2 to tender their blood samples for forwarding it for a DNA test is before this Court.

(2.) I have heard the arguments of Sri Lourdu Mariyappa A., learned Advocate appearing for petitioner and Sri S. Victor Manoharan, learned Advocate appearing for respondent 1. Perused the records.

(3.) Plaintiff has filed a suit for partition and separate possession of suit schedule properties contending inter alia that he was born out of the wedlock between defendants 1 and 2 and suit schedule properties being ancestral properties, he is entitled for partition and separate possession of l/3rd share. First defendant appeared and filed his written statement not only denying averments made in the plant, but also has denied very relationship between him and plaintiff contending inter alia that plaintiff is not his son and he is not married to second defendant but on the other hand, he is married to one Smt. Jay anti and out of said wedlock, he has two sons and they are entitled for share in the suit properties and not the plaintiff. Second defendant has not appeared before Trial Court and as such she has been placed ex parte.