SHEZAD Vs. SHAREEF

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material on record.

(2.) This Civil Revision has been filed against the order dated 29.07.2019 passed by Additional Civil Judge, Senior Division, Court No.3, Meerut in O.S. No. 1223 of 2013 (Shareef Vs. Shahazad and others).

(3.) In brief the facts are that an application 81(C) was moved by the plaintiff under Section 151 and Order 18 Rule IV C.P.C. alleging therein that the plaintiff has filed a suit for a declaratory decree on the ground that plaintiff being son and defendant no.2 being the widow of Mohd. Haneef who has died on 27.08.2012 are the sole legal representatives and owner in possession of the disputed properties described in Schedule I, II and III of the Suit. The defendant no.1 is not the son of plaintiff. He has no right, title or interest in the disputed property. The defendant no.1 is not the son of defendant no.2 Smt. Baano but the son of her brother Mohd. Usman and thereby nephew of defendant no.2. This fact can be made clear through D.N.A. test and its report. Defendant nos. 1 and 2 filed objections against the aforesaid application and alleged that the said application has been moved after closing of evidence when the file is pending for final arguments. Plaintiff has no legal right to got D.N.A. test of defendant nos. 1 and 2. The responsibility of leading evidence was on the plaintiff. There is no provision for conducting D.N.A. test. The learned trial Court by the impugned order has allowed the aforesaid application of the plaintiff.