JASBIR SINGH Vs. PARMOD KUMAR AND ORS.

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order dated 05.02.2015, whereby application moved by the petitioner for conducting Deoxyribonucleic Acid (DNA) test of respondent No. 1 with Ram Dulari, has been dismissed.

(2.) LEARNED counsel for the petitioner has submitted that in order to ascertain that respondent No. 1 and Ram Dulari were brother and sister and were children of Sai Dass and Soma Devi, it was necessary to conduct DNA test. In support of his argument, learned counsel has placed reliance on Dipanwita Roy versus Ronobroto Roy, : 2015 (1) AIR Bom.R 231, wherein it was held as under: -

(3.) IN the present case, petitioner and respondent No. 3 have filed suit for possession claiming themselves to be the only legal heir of deceased Fauja Singh. Case of the plaintiffs is that Fauja Singh had died issueless. Plaintiffs are the children of the brother of Fauja Singh. On the other hand, case of respondent No. 1 Parmod Kumar is that he is the son of Fauja Singh and Joginder Kaur. In this regard, respondent No. 1 has led documentary evidence to support his plea that he is son of Fauja Singh. Case is listed before the trial Court for rebuttal evidence of the plaintiffs. At this stage, an application was moved by the plaintiffs that DNA test be got conducted qua Parmod Kumar and his sister Ram Dulari to establish that Parmod Kumar was not the son of Fauja Singh. However, Ram Dulari is not a party to the litigation in her own right. Infact, petitioner Jasbir Singh has filed the suit, through his mother Ram Dulari, being mentally retarded. Plaintiffs could have led evidence in their affirmative to establish that respondent No. 1 was not the son of Fauja Singh. In the facts and circumstances of the present case, the judgments relied upon by the learned counsel for the petitioner fail to advance the case of the petitioner. Learned trial Court had rightly dismissed the application moved by the petitioner for conducting DNA test of respondent No. 1 Parmod Kumar with Ram Dulari to establish that they were children of Sai Dass.