GANGADHARAPPA Vs. BASAVARAJ

JUDGEMENT

(1.) Though the matter is listed for admission to-day, with consent of both the counsel, it is taken up for final disposal.

(2.) The petitioner is the father of the respondent. The respondent herein is the plaintiff in O.S.No.26/92. He has instituted the said suit against his father for partition and separate possession of his share in the coparcenary properties. The defendant has resisted the said suit on the ground that the plaintiff is not entitled to claim partition in the joint family properties since he was not born to him. Therefore, he filed I.A. No.8 under Order 26, Rule 10A r/w Section 151, C.P.C. for appointment of a Commissioner for purpose of blood test and genetic finger printing test of the plaintiff to find out whether he is his son. The said application was resisted by the plaintiff on the ground that he could not be compelled to undergo the test as it was violative of Article 20(3) of the Constitution of India. The learned Munsiff having upheld the said objection rejected the said I.A.

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