( 1 ) IN this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the legality and validity of the order dated 31. 1. 2004 passed by the learned Civil Judge (Junior Division), Jetpur below Exh. 77 in Regular Civil Suit No. 153 of 2002 by which the learned trial Court has passed the order directing the petitioner No. 1 - original defendant No. 1 to remain present before the Government Hospital for his DNA test.

( 2 ) THE respondent herein - original plaintiff has filed Regular Civil Suit No. 153 of 2002 in the court of the learned Civil Judge (Junior Division), Jetpur for declaration to the effect that the property in question is the ancestral property and he has right and title over the land in question. In the said suit, the petitioners original defendants appeared and filed the written statement and it was denied by petitioner No. 1 original defendant No. 1 that the plaintiff is his son. Considering the said stand in the written statement by the defendant, the application below Exh. 77 was given by the respondent - original plaintiff for having DNA test of the plaintiff as well as of the original defendant No. 1 and on that a