KAILASH CHANDRA Vs. PYARE LAL AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved against the dismissal of the application filed under Sec. 151 CPC, whereby the prayer made by the petitioner for getting DNA Test qua the defendant No. 1 Pyare Lal and petitioner has been rejected. The petitioner filed a suit for partition, inter alia, with the averments that he is natural born son of defendant No. 1 Pyare Lal and Smt. Bhagwani. It is also the case of the plaintiff that when the plaintiff was about one year old, defendant No. 1 Pyare Lal contracted Nata marriage with Smt. Ghisi; whereafter his mother also went in Nata marriage. The defendant No. 1, father of the petitioner disputed the relation with the petitioner.

(2.) The petitioner filed the present application seeking DNA Text qua the defendant -respondent No. 1 and himself so as to prove his paternity.

(3.) The application was opposed by the defendants and the trial Court after hearing the parties came to the conclusion that the Court cannot direct a DNA Test for collecting evidence and, consequently dismissed the application.