MARADA VENKATESWARA RAO Vs. OLETI VARA LAKSHMI

JUDGEMENT

(1.) THIS revision petition is filed by the second defendant in O. S. No. 72 of 2003 on the file of the II Additional district Judge, Vijayawada.

(2.) THE plaintiff filed the suit for partition of the suit schedule property among herself and the defendants 1 and 2. During the pendency of the suit, the plaintiff filed i. A. No. 3028 of 2004 under Section 45 of the Evidence Act to direct the second defendant to give blood by making himself available for DNA Test. The lower Court allowed the said application directing the second defendant to give his blood by making himself available for DNA Test at the center for DNA Finger Printing and diagnostics (CDFD) at Nacharam, hyderabad on 28. 10. 2004 at 10. 30 a. m. and the petitioner is directed to bear the expenses for the said DNA Test as fixed by the Lab authorities either by depositing the said amount into Court or by sending the same by way of demand draft. The revision petitioner, being aggrieved by the order of the Court, preferred the present revision petition challenging its validity and legality.

(3.) THE learned Counsel for the revision petitioner submitted that the lower Court passed the impugned order in a casual manner without assigning sufficient reasons in ordering DNA Test against the revision petitioner, therefore, he requested to set aside the order passed by the lower court.