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2022 Supreme(Cal) 1107

AJOY KUMAR MUKHERJEE
Asgar Ali Being Dead His Legal Representatives (lrs) Syed Mahmudul Hasan Akbar Zaidi@s. m. h. Akbar Zaidi – Appellant
Versus
Mahmuda Begum (dead), Her Legal Representatives Iqbal Hossain – Respondent


Advocates appeared:
Syed Nasim Aejaz, Advocate, Md. Ejaz Akhtar, Advocate, Sanjay Mukherjee, Advocate, Dhananjay Nayak, Advocate, Md.Ghalib Rizwan, Advocate

JUDGMENT

ajoy Kumar Mukherjee, J. - Feeling aggrieved and dissatisfied with the order dated 20.11.2018 passed by The Learned Civil Judge (Sr. Divn), 2nd Court at alipore in Title Suit No.87 of 1995, wherein Learned Trial Judge was pleased to reject , defendants/petitioners prayer for DNa test to prove, whether plaintiffs have any blood relation with the defendants in the context of plaintiffs claim of co-heirship, the defendants/petitioners preferred this revisional application before this court under article 227 of the constitution of India, on the grounds inter alia.

    i) That the Learned Trial Judge erred in law with material irregularity in rejecting the petition of the petitioners when there is a provision to determine the blood relations between plaintiffs and the defendants through test of Deoxyribonucleic acid (hereinafter called DNa test) ii) The Learned Trial Judge committed an error in holding that the evidence of the plaintiffs is over and at the stage of the trial, when the cross examination of the defendants is completed in part , the application has been filed only two shift the burden in proving that Mahmuda Begum has no relation with akbar ali, into the shoulder of th

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