SUNDER Vs. LAXMI NARAYAN

JUDGEMENT

(1.) The plaintiffs/respondents No.1 to 3 herein filed a suit for declaration of title and partition stating inter alia that plaintiffs No.1 & 2 are sons of defendant No.1 and plaintiff No.3 is legally wedded wife of defendant No.1 and they are entitled for partition and possession in the suit property. In the said suit, defendants No.1 & 2 filed an application for DNA test of defendant No.1 and plaintiffs No.1 & 2 in order to determine the paternity of plaintiffs No.1 & 2 which has been rejected by the learned trial Court by the impugned order against which this writ petition has been preferred.

(2.) Mr. R.S. Patel, learned counsel appearing for the petitioners herein / defendants No.1 & 2, would submit that the trial Court is absolutely unjustified in rejecting the application.

(3.) On the other hand, Mr. D.C. Verma, learned counsel appearing for the plaintiffs / respondents No.1 to 3 herein, would support the impugned order.