TEEKU DUTTA Vs. STATE

JUDGEMENT

(1.) This civil revision is directed against the order of learned Administrative Civil Judge, Delhi, dated 20.12.1999 thereby allowing an application under Section 151 CPC filed by the objector Banarsi Dass seeking the DNA test of the petitioner Smt. Teeku Dutta and the other objector Ram Saran Dass in order to link her paternity with him (Ram Saran Dass) and to rule out her claim that she is the daughter of Iqbal Nath Sharma.

(2.) The facts leading to the present proceedings are that the petitioner Mrs. Teeku Dutta has filed a petition for grant of Succession Certificate in respect of the debts and securities of deceased Iqbal Nath Sharma claiming herself to be his daughter and only surviving class I legal heir. The deceased had died intestate leaving behind his five brothers namely Sh. Banarsi Dass, Sh. Amar Nath Sharma, Sh. Ram Saran Dass Sharma, Sh. P. L. Sharma and Sh. K. C. Sharma. Out of them Sh. P. L. Sharma and Sh. K. C. Sharma had already expired and so only Amar Nath Sharma and Ram Saran Dass Sharma were impleaded as the respondents in the petition. However, during the pendency of the petition Banarsi Dass another brother of the deceased was also impleaded who filed his objections to the grant of Succession Certificate in favour of Smt. Teeku Dutta disputing that she was the daughter of deceased Iqbal Nath Sharma. It appears that the petition for grant of Succession Certificate is at a advance stage and the parties have led their respective evidence including the documentary evidence in support of their respective pleas. An application under Section 151 CPC was moved by the objector Banarsi Dass alleging that the petitioner Ms. Teeku Dutta is not the daughter of Iqbal Nath Sharma but in fact she is the daughter of Ram Saran Dass Sharma and since Iqbal Nath Sharma and his wife both are now dead so it is not possible to subject them to a DNA test and compare the same with the DNA Test of the petitioner. However, since Ram Saran Dass Sharma is alive, therefore, a DNA test of Ram Saran Dass Sharma and the petitioner could conclusively establish the paternity of the petitioner to Ram Saran Dass Sharma. The application was opposed on behalf of the present petitioner on the grounds that the application was mala fide and having being made with a view to delay the proceedings. It was also stated that DNA test would not serve any purpose. Besides it was contended that sufficient documentary evidence has already been brought on record to establish that the petitioner was the daughter of the deceased Iqbal Nath Sharma.

(3.) The learned trial court has allowed the application primarily on the ground that the petitioner had initially concealed the fact that the deceased had five brothers and had deliberately left out Banarsi Dass Sharma from the array of respondents which cast a doubt on the case of the petitioner about she being the daughter of the deceased Iqbal Nath Sharma. It appears that the learned Trial Court considered the petition for grant of Succession Certificate and the "No Objections" filed by the other respondents namely Ram Saran Dass and Amar Nath Sharma to be somewhat collusive. Yet another reason which has weighed heavily with the learned trial court in allowing the application and directing the DNA test is that the documentary evidence brought on record on behalf of the petitioner was not cogent enough to establish that she was the daughter of the deceased Iqbal Nath Sharma. Yet another reason which prompted the learned trial court to grant the prayer of the objector Banarsi Dass was that he was prepared to bear the expenses of the proposed DNA test and that such a test could decide the controversy beyond all doubts.