RAM SEWAK MAHTO Vs. RANJIT KUMAR MAHTO

JUDGEMENT

(1.) The present petition has been filed "for setting aside the order dated 21.09.2019 passed by Sub Judge 1st Begusarai in T.S.No 101/16 whereby the petition filed on behalf of Defendants/Petitioners under Section 75 read with Section 151 of the C.P.C. for a direction to DNA Test of plaintiffs and Defendant No.1 has been rejected."

(2.) Learned counsel for the petitioners submits that the plaintiffs/respondents have wrongly claimed to be the sons of defendant no.1/petitioner no.1 in the partition suit filed by them. As a matter of fact, they are sons of the first wife of defendant no.1/petitioner no.1, who had married another person namely Rajendra Mahto of Village Maltipipra, Barauni. It is stated that the plaintiffs/respondents merely are the tenants of the defendant nos. 2 and 3/petitioner nos. 2 and 3. As such, defendants/petitioners filed a petition dated 02.07.2018 under Sections 75 and 151 CPC with a prayer to call for a report of DNA test of plaintiff/defendants and defendant no.1/petitioner no.1.

(3.) Heard learned counsel for the petitioners and considered the materials on record.