RAJ GUPTA Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present revision petition is preferred against the order dtd. 28/11/2017 (Annexure P-5), whereby the application preferred by the petitioner-defendants for conducting Deoxyribo Nucleic Acid (for short "DNA") test of the respondent-plaintiff, in a suit preferred by him for declaration to be owner in possession of the property No.496, Pahari Bazar Upper Chowk Kalka and Property No.738 Main Bazar, Kalka and with consequential relief of permanent restraint, has been dismissed.

(2.) Mr. Akshay Jindal, learned counsel appearing on behalf of the petitioner-defendants submitted that the respondent-plaintiff claimed to be coparcener in the family of his father Trilok Chand and sought the declaration in the aforementioned manner.

(3.) Petitioners in the written statement denied the plaintiff to be son of Trilok Chand and laid claim on the property subsequently inherited by their mother Smt.Sona Devi on the basis of the Will dtd. 16/4/1982 registered on 25/4/1982 and defendants are the only rightful owners of the suit property.