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DELHI HIGH COURT
GITA MITTAL
Rohit Shekhar – Appellant
Versus
Narayan Dutt Tiwari – Respondent


JUDGMENT

Gita Mittal, J. The present application displays a blatant refusal by a party to the litigation to comply with the court direction made in accordance with law to furnish a blood sample for DNA testing which would enable authoritative adjudication on the real issue in the matter. For this purpose, the defendant no. 1 has filed IA No. 10394/2011 dated 30th May, 2011 seeking the following prayers:

    "(a) direct the plaintiff or the learned Deputy Registrar of this court or any other authority or officer not to pressurize, coerce, compel or force the petitioner in any manner to involuntarily provide blood and/or tissue sample for DNA analysis.

    (b) Direct that till the abovementioned prayer is finally considered by this court, the order of the learned Deputy Registrar directing the applicant to deliver blood sample on 1.6.2011 may kindly be deferred or kept in abeyance."

2. Before considering the application on the merits of the submissions made before this court, it is necessary to consider certain essential facts which emerge from the record.

Factual Narration

3. The plaintiff has filed the suit inter alia seeking declaration that the plaintiff is the naturally born so

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