GOLAPI MAJHI Vs. BHABANISHANKAR BUDULAL

JUDGEMENT

(1.) Heard Mr.Sahoo, learned counsel for the Petitioner and Mr.Bose, learned counsel for the Opposite Parties.

(2.) Present CMP is directed against the order dtd. 2/12/2024 of learned Civil Judge (Sr.Division), Kuchinda passed in C.S.No.3 of 2018, wherein the prayer of defendant no.1 for DNA test of defendant no.3 with regard to his parentage has been rejected.

(3.) Present Opposite Party No.1 is the plaintiff. The Petitioner is defendant no.1 before the trial court and Opposite Party No.3 is Defendant no.3. The plaintiff filed the suit praying for partition. Defendant No.1 filed his W.S. along with counter claim stating that Defendant no.3 has no share in the suit property for the reason that he is not the son of Thutha Budula@Kisan and then filed the petition dtd. 23/3/2024 praying for DNA test.