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2004 Supreme(Del) 28

P.C.JAIN
TEEKU DUTTA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
R.P.SHARMA, Y.P.Ahuja,

R. C. JAIN, J.

( 1 ) THIS civil revision is directed against the order of learned Administrative Civil Judge, Delhi, dated 20. 12. 1999 thereby allowing an application under Section 151 CPC filed by the objector Banarsi Dass seeking the DNA test of the petitioner Smt. Teeku Dutta and the other objector Ram Saran Dass in order to link her paternity with him (Ram Saran Dass) and to rule out her claim that she is the daughter of Iqbal Nath Sharma.

( 2 ) THE facts leading to the present proceedings are that the petitioner Mrs. Teeku Dutta has filed a petition for grant of Succession Certificate in respect of the debts and securities of deceased Iqbal Nath Sharma claiming herself to be his daughter and only surviving class I legal heir. The deceased had died intestate leaving behind his five brothers namely Sh. Banarsi Dass, Sh. Amar Nath Sharma, Sh. Ram Saran Dass Sharma, Sh. P. L. Sharma and Sh. K. C. Sharma. Out of them Sh. P. L. Sharma and Sh. K. C. Sharma had already expired and so only Amar Nath Sharma and Ram Saran Dass Sharma were impleaded as the respondents in the petition. However, during the pendency of the petition Banarsi Dass another brother of the deceased was also imple












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