RAJNI AGARWAL Vs. SUSHMA AGARWAL AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner.

(2.) Factual matrix of the case giving rise to the dispute, are as under.

(3.) Both the courts below have rejected the application on the ground that Plaintiff No. 1 sought a declaration to be legally wedded wife of the deceased and that Plaintiff No. 2 (Respondent No. 2 herein) was born out of their wedlock and thus the only controversy requiring proof was whether the Plaintiff-Respondent No. 1 was legally wedded wife of deceased and Plaintiff No. 2 was born out of wedlock. If the Plaintiff fails to establish the foundation on which the suit has been filed it will fail and thus, there was no good reason or ground for comparison of D.N.A. of Plaintiff-Respondent No. 2 herein and Respondent No. 5 herein (both of whom were claiming daughters of late Vijay Shanker Agarwal).