GAJJELA VEERASWAMY Vs. GAJJELA NAGARAJU

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order dtd. 20/6/2019 in I.A. No.254 of 2019 in O.S.No.86 of 2013 on the file of the learned Senior Civil Judge, Huzurabad.

(2.) This application in IA No.254 of 2019 was filed by the petitioner/plaintiff under Sec. 45 (6) of Indian Evidence Act, 1872 (for short 'Evidence Act') read with Sec. 151 of the Civil Procedure Code, 1908 (for short 'IPC') with a request to refer the first respondent/first defendant along with him for DNA test, directing the first defendant to give his blood samples before the Duty Medical Officer at Government Hospital, Huzurabad for examination of DNA test of the plaintiff along with first defendant to ascertain the paternity of the plaintiff. The first defendant has assailed the said order, through this civil revision petition.

(3.) The original suit in OS No.86 of 2013 was filed by the plaintiff for partition and separate possession of suit schedule properties claiming 1/8th share out of the retirement service benefits of first defendant, which is referred as suit property. The first defendant has denied the paternity of the plaintiff in the written statement filed in the month of April, 2014 stating that when the plaintiff is not his son, and not entitled to seek any partition, much less 1/8th share in the suit schedule properties, thereby the plaintiff has filed an application in IA No.254 of 2019 under Sec. 45 of Evidence Act r/w Sec.151 of CPC to refer the plaintiff along with the first defendant for DNA test and it was allowed.