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1967 Supreme(Bom) 136

J.L.NAIN
Ramchandra Shankar Kad – Appellant
Versus
Shankar Genu Kad – Respondent


JUDGMENT - (1) This is a revision application under the provisions of Section 115 of the Code of Civil Procedure against the order dated 15th September 1966 of the learned Civil Judge, Junior Division Saswad, Poona, ordering the petitioner to permit a sample of his blood to be taken by the Civil Surgeon, Poona, for blood grouping test and his opinion as to whether the petitioner is or is not the son of the respondent.

(2) The facts leading to this case are that the petitioner filed a suit in the Court of the learned Civil Judge, Junior Division, Saswad, Poona for partition and possession of a one-third share in the alleged ancestral property of joint Hindu family consisting of the petitioner the respondent and the original defendant No. 2 who is his mother and the wife of the respondent. The case of the petitioner was that the respondent is his father and the defendant No. 2 who is not a party to this revision application, is his mother and that he was entitled to a one-third share in the property belonging to the Joint Hindu family consisting of the parties to the suit. In the written statement the respondent denied the plaintiffs claim. He stated that the petitioner was not his so


















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