SHAIK FAKRUDDIN Vs. SHAIK MOHAMMED HASAN

JUDGEMENT

(1.) The revision petitioner assails the order dated 27-6-2005 passed by the learned III Senior Civil Judge, City Civil Court, Secunderabad, in I .A. No.680 of 2003 in I.A. No.462 of 2003 in O.S. No.169 of 2003.

(2.) The revision petitioner is the second defendant in the suit filed by the second respondent herein. The first respondent herein is the first defendant in the suit. For the sake of convenience, the parties are referred to as they were originally arrayed in the suit.

(3.) The suit was filed for perpetual injunction. In the concomitant petition filed in I.A. No.462 of 2003 the plaintiff sought for temporary injunction against the defendants. While things stood thus, the first defendant filed a petition in I.A. No.680 of 2003 under Section 45 of the Indian Evidence Act (for brevity "the Act") requesting the Court to direct the second defendant along with him to subject themselves to DNA Test at C.C.M.B., Taranaka, Hyderabad. That application having been allowed under the impugned order, it is now being assailed by the second defendant in the suit.