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1999 Supreme(Kar) 394

H.N.TILHARI
NINGAMMA – Appellant
Versus
CHIKKAIAH – Respondent


H. N. TILHARI, J.

( 1 ) THIS civil revision petition arises important question touching jurisdiction of Court below and law whether the Court below in the context of the provisions of Article 21 of the Constitution of India and Ss. 4 and 112 of the Indian Evidence Act, could direct plaintiff-2 and plaintiff-1 i. e. revisioner petitioners to subject themselves to medical examination and undergo the blood group test, in exercise of powers under S. 151 of the Code of Civil Procedure and whether the powers under S. 151, CPC could at all be exercised in such a case where plaintiff-2 and plaintiff-1 had hotly resisted and opposed the prayer for such direction being made as mentioned in the application.

( 2 ) THE facts of the case in nut-shell are; That plaintiffs 1 and 2, who are revision petitioners 1 and 2 in this Court filed the suit for maintenance in the Court of the Munsiff at Mandya, against defendant-respondent-1. Defendant-1 has filed his written statement in the suit denying the plaint allegations that plaintiff-2 was the daughter of plainttiff-1 from defendant-1. In other words defendant-1 i. e. , respondent-1 denied his relationship with plaintiff-2 as father and daughter. Def
































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