BHARTI RAJ Vs. SUMESH SACHDEO AND CO

JUDGEMENT

(1.) Order of the Supreme Court dated 5-8-89 alongwith oilier papers was received in this Court by special messenger on 9-1-89. From that dale this Court has been endeavoring for Co-operation from both sides. Learned Counsel for Opp. party took, repeated adjournments on one ground or the other. Today application has been moved that the learned Counsel could not get the copies and that his file has been lost. In the Supreme Court Order there is, a specific direction to this Court to take steps expeditiously. The order of the Supreme Court relates to blood-test in the Institute of Medical Sciences, Delhi. Institute fixed 13th January, 19k9 for blood-test. On that the blood-test could not be done because in this Court a telegram purported to have been sent by the Institute was received to the effect that the date for blood-test had been post poned and so this Court did not pass any order. Deputy Registrar (Judicial) was deputed to contact the authorities in the Institute and find out the next date. Now the intimation is that 27th January, 1989 has been fixed for blood-test. Institute has also informed that panics were awaited on 15-l-i9. On that date Sri Baldeo Raj appealed before the Institute but other party way absent. The Insti tute has also made it clear to this Court that the telegram canceling the test was not sent by the Institute. At any rate in this back-ground appropriate steps have to be taken for blood-test on 27-1-39. Hence, this Court is not in a position to accommodate the learned Counsel for the Opp. parties any further. Application is rejected. In compliance wiih the order of the Supreme Court dated 5-1-89, the Registrar is directed to call a government linger-prints and handwriting expert and get the linger-prints of the disputed child taken in the Court of Addl. District Judge, Allahabad in Misc. Case No. 206 of 1981. Baldeo Raj v. Sumesh Sachdev and others (now transferred to this Court under the order of the Supreme Court dated 13th July, 1988) with finger-prints, foot-prints and Photographs received from Consulate Genera of India, from to Canada, received by the Supreme Court and sent to this Court through special messenger. Registrar shall ensure that the expert submits his report without delay. After perusal of various reports received with the order of the Supreme Court, this Court directs the Institute of Medical Sciences, Delhi, to carry out the following blood-tests upon the two sets of parents their existing Children and disputed child. ABO, Rh, MNS, RELL, DUFFI and KID and HLA. Sri N. B. Asthana, Special Officer, Vigilence of this High Court is appointed Special Officer in this case as directed by the Supreme Court. Petitioner Dr. (Smt.) Bhartf Raj (Petitioner), her husband Baldeo Raj alongwith their existing children, Sri Sumesh Sachdeo (opp. party No. 1) Smt. Alka Sachdeo (opp. party No. 2) alongwith their existing children are ordered to appear before the aforesaid Special Officer on 23rd January, 1989 at 11 a. m. Opposite parties No. 1 to 5 and their Paiorkar Sri Jagdish Sachdeo son of Sri Jagatri Lal Sachdeo are directed to appear before the aforesaid special Officer at the same time and on the date as directed above with disputed child for indentification with the help of photoprahps received from Constable General of India, Toronto Canada through Supreme Court. Both the groups of parties shall produce photographs in triplicate of each of the person or group photographs of the said persons involved in bloodtest alongwith affidavit about correctness of indentiy. Special Officer shall be at liberty to interrogate any of the persons produced or appear before him for satisfying himself about identity and correctness of photographs. Special Officer shall then arrest the photographs. He shall issue one set of assested copies of photographs to the parties concerned. He shall carry two copies of the photographs to the Institute. He shall submit one copy of the photographs to the Institute of Medical Sciences and after identifying all the persons involved in the blood-test, he will bring one copy of the photographs shall submit with his report to this Court. 6. Special Officer shall accompany the disputed child named Neel Goomar described as son of Yashpal R. Goomar. 7 A letter shall be sent to the Institute of Medical Sciences Delhi thai the blood-Vest is according to the order of the Supreme Court and the case being a Court case no fee is payable. 8. All the persons involved in the blood-test named above shall remain available to the Doctors of the Institute till such time as the Doctors may require. 9. If Smt. Bharti Raj and her family wish to accompany, the Special Officer to Delhi they shall be at liberty to do so and if the Special Officer receives such intimation he shall make necessary arrangement. 10. Copies of this order with full particulars of the parties of the case, to the Institute of Medical Sciences, Delhi and Secretary, Ministry of Home and Secretary Ministry of Foreign Affairs, Delhi. 11 Compliance should be reported to me by 19/1/1989. 12. Copies of this order may be issued to the parties on payment of usual charges by tomorrow. .