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2022 Supreme(Chh) 564

PARTH PRATEEM SAHU
Neelam Sharma W/o Shri Rajendra Sharma – Appellant
Versus
Brijmohan Dua S/o Late Seetaram Dua – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri H.V. Sharma, Advocate
For the Respondent:Shri Shashi Kumar Kushwaha, Advocate on behalf of Shri Anil Mourya, Advocate, Shri Afroj Khan, Panel Lawyer

ORDER :

1. None appears for respondent No. 1 to 3/defendants even after service of notice through substituted mode by paper publication dated 20.11.2021.

2. Notice sent to defendants No. 1 & 2 on the address have been returned back with a note that “door was locked from inside” and it was not opened from the person present inside the house. Thereafter, when Process Server went to address of defendants No. 1 to 3, upon knocking the door, one of lady stated that “they do not want to accept any notice” and the Process Server returned back the copy of notice with an endorsement as above on 22.10.2021.

3. In view of the above, substituted service has been effected through paper publication upon respondents/defendants No. 1, 2 & 3 and thereafter, case is heard finally.

4. Challenge in this petition is to order dated 30.03.2021 passed by learned Fourth Civil Judge Class-II, Bilaspur whereby learned trial Court dismissed the application under Section 45 of the Indian Evidence Act, 1872 for conducting DNA test of the petitioner/ plaintiff and defendant/respondent No.1.

5. Facts relevant for disposal of this petition are that the petitioner/plaintiff filed a suit for declaration of title, permane

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