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2013 Supreme(AP) 1098

NOOTY RAMAMOHANA RAO
Davu Gopal Lunani – Appellant
Versus
Siva Gopal Lunani – Respondent


Advocates Appeared:
For the Petitioner:D.V. Madhusudhan Rao, Advocate.
For the Respondents:K. Chidabaram, Advocate.

Judgment :

Both these revisions are heard together as they are interconnected with each other and the parties are also one and the same. The 1st defendant in the suit is the petitioner in both these revisions.

The suit O.S.No.133 of 2012 has been instituted by the 1st respondent herein seeking a declaration that the 1st defendant in the suit is the father of the plaintiff born, to the 2nd defendant due to the long cohabitation as man and wife by defendant Nos.1 and 2 in the suit.

In suit O.S.No.133 of 2012, I.A.No.318 of 2012 has been taken out by the 1st respondent/plaintiff under Section 45 of the Indian Evidence Act read with Section 151 Code of Civil Procedure (for short “C.P.C.”) to subject both the plaintiff and the 1st defendant in the suit to undergo DNA Finger Printing test at Center for Cellular and Molecular Biology (C.C.M.B), Tarnaka, Hyderabad or at any other reputed Government testing laboratory – cum – hospital to ascertain the factum of his paternity. The said I.A. was allowed by the Court by its order dated 07.06.2013. Challenging the correctness of this order, C.R.P.No.2961 of 2013 has been instituted. C.R.P.No.2980 of 2013 has been instituted to strike off O.S.No.13


































































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