ALOK GOGOI Vs. NIRALA GOGOI

JUDGEMENT

(1.) Heard Mr. S. Dutta, the learned Senior Counsel assisted by Mr. S. Dutta, the learned counsel appearing on behalf of the petitioner. Mr. S. Deka, the learned counsel appears on behalf of the respondents.

(2.) The supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been invoked challenging the order dtd. 30/4/2024 passed by the learned Court of the Civil Judge (Senior Division), Lakhimpur, North Lakhimpur (hereinafter referred to as, "the learned Trial Court") in petition No. 1195/2023 arising out of Title Suit No. 10/2022 whereby the said application was rejected.

(3.) It is seen from the records that the petitioner herein who is the defendant in the suit had filed an application under Order XXVI Rule 10A read with Sec. 151 of the Code of Civil Procedure, 1908 for scientific investigation relating to the question of paternity of the plaintiff No. 2 by means of DNA test (Deoxyribonucleic acid). The very basis on which the said application was filed is that the plaintiff No. 2 during his cross examination stated that he had no objection to the DNA test.