MOHAMMAD ASGAR MUGAL Vs. JAHURUDDIN MUGAL

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The plaintiff-appellant filed a suit for declaration in the Court of Civil Judge (Junior Division), Sikar to declare him as a son of the defendant. The suit was contested by defendant by filing written statement. During the pendency of the suit, the plaintiff moved an application in the trial Court for conducting DNA Test of the plaintiff and the defendant to prove paternity issue. Learned trial Court vide its order dated 15th February, 2007 rejected the application of the plaintiff.

(3.) Being aggrieved with the same, the plaintiff preferred a writ petition No. 2008/2007 before the Single Bench of this Court under Article 227 of the Constitution of India, which was dismissed vide order dated 10.04.2007. The plaintiff, thereafter, preferred the present Special Appeal.