KACHRAJI Vs. PRAYAGBAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

(2.) This petition is directed against the order dtd. 11/10/2018, passed by the learned Civil Judge Junior Division, Umri, below Exhibit-68 in R.C.S. No.35/2015, thereby allowing the application filed by respondent and directing the petitioners to undergo DNA test.

(3.) The petitioners are the original defendant Nos. 2 to 4 in the suit filed by respondent Nos. 1 to 3 i.e. original plaintiffs. The plaintiffs filed the said suit for partition and separate possession of the suit property and for cancellation of ownership of defendant Nos. 2 and 3 on the suit property. In the plaint it is contended by the plaintiffs that original defendant No.1 is husband of plaintiff No.1 (respondent No.1 herein) and father of plaintiff Nos. 2 and 3 (respondent Nos. 2 and 3 herein). Original defendant No.2 (petitioner No.1 herein) is real brother of defendant No.1 and defendant Nos. 3 and 4 (petitioner Nos. 2 and 3 herein) are sons of defendant No.2.