DARSHAN SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) Vide this common order, I shall dispose of both the aforementioned two Civil Revisions as they arise out of common order passed by the learned trial Court dated 25.03.2014, whereby the Court has allowed the applications of the plaintiff for conducting DNA test of plaintiff, defendant no. 1 (petitioner in CR No 2614 of 2014), defendants no 2, 3 and Swaran Kanta (who is petitioner in CR No. 3104 of 2014).

(2.) In brief facts of the case are that Amarjit Singh @ Surjit Singh @ Kaka Singh alleges himself to be son of Darshan Singh (defendant no. 1) and filed the present suit for declaration before the trial Court to the effect that he is son of Darshan Singh and that Amarjit Singh and Surjit Singh are one and the same person and further that he is entitled to get corrected his father's name as Darshan Singh instead of Darshan Lal in all the documents, certificates etc. A consequential relief of permanent injunction was also sought for restraining defendant no. 1 Darshan Singh from dispossessing and interfering in the possession of the plaintiff in the land measuring 76 Kanals 3 Marlas. As per the case set out by the plaintiff, he is son born out of the wedlock of Darshan Singh and Ageyawanti and after the death of Ageyawanti, he was brought up by defendant nos. 2 & 3 i.e. his real Aunt (Bua) and her husband Darshan Lal. It is the further case of the plaintiff that Darshan Singh-defendant no. 1 solemnized second marriage with Janak Rani, from whom two daughters, namely, Savita Rani and Mamta and one son, namely, Deepak Kumar were born. Since Darshan Singh did not accept the plaintiff as his natural son, the present suit for declaration was filed.

(3.) Upon notice, Darshan Singh denied that the plaintiff is his natural son and rather pleaded that he is the natural born son of defendant nos. 2 & 3.