DHIRUBHAI TALSHIBHAI MER Vs. DHIUBHAI UKABHAI MEMARIYA

JUDGEMENT

(1.) The Petitioner / Original Plaintiff has preferred the present Petition under Articles 226 and 227 of the Constitution of India, challenging the order passed by the learned Principal Senior Civil Judge, Jasdan below Application Exh.22 in Regular Civil Suit No. 105 of 2019 dtd. 27/10/2021, whereby the learned Judge has rejected the Application, instituted by the Petitioner / Original Plaintiff , to conduct the DNA test of Respondent No.1.

(2.) Heard learned Advocate Mr. Hitesh V. Patel for the Petitioner. Learned Advocate Mr. Patel has heavily placed reliance upon the following four judgments:

(3.) Placing reliance upon the judgment in the case of Haribhai Chanabhai Vora (supra), he has submitted that the Hon'ble Court has held that DNA test is not mandatory since it is against the provisions of Constitution of India and it is the violation of personal liberty of the person concerned. However, the Court may draw the adverse inference at the final conclusion.