LAWS(MPH)-2022-7-10

URMILA SINGH Vs. SAUDAN SINGH

Decided On July 26, 2022
URMILA SINGH Appellant
V/S
SAUDAN SINGH Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 12/5/2017 passed by Twelth Civil Judge, Class II, Gwalior in Civil Suit No.17-A/2014 by which the application filed by the petitioner for conducting DNA test of Hemlata Yadav has been rejected.

(2.) The necessary facts for disposal of present petition in short are that the husband of the petitioner, namely Late Kaptan Singh had filed a civil suit against the respondents/defendants for partition. During the pendency of this suit, the husband of the petitioner died. As a result, an application for bringing the petitioner as legal representative on record was moved. An objection was raised by respondent No.2 to the application by alleging that the petitioner has not impleaded Hemlata Yadav as legal representative of Late Kaptan Singh, whereas she is the daughter of Late Kaptan Singh. Thereafter, the petitioner moved an application under Order 26 Rule 10 (A) CPC read with Sec. 45 of Indian Evidence Act on the ground that the petitioner who is the wife of Late Kaptan Singh had never given birth to any child and Hemlata Yadav is the daughter of respondent No.2-Laxmi Naryan Singh, and accordingly, it was prayed that the DNA test of Hemlata Yadav may be conducted so that it can be ascertained that Hemlata Yadav is not the daughter of Late Kaptan Singh. By the impugned order, the said application has been rejected.

(3.) Challenging the order passed by court below, it is submitted by counsel for petitioner that where the question of property is involved and the paternity of the person is also in dispute, then a direction for DNA test may be issued. To substantiate his submission, counsel for petitioner has relied upon the judgment passed by a Coordinate Bench of this Court in the case of Radheshyam Vs. Kamla Devi and Others, reported in 2022 (2) MPLJ 38.