1. The moot question involved in this Original Petition is whether a DNA test can be permitted - as sought for by the plaintiff in a suit for partition - in proof of her paternity, so as to enable her to lay a claim over the assets left by the person, whom the plaintiff propounds as her father? The plaintiff claims to be the daughter of Sri. Kuttikrishnan Nair and her mother Madhavi Amma. She preferred an application for conducting sibling DNA test, which was allowed, vide Ext.P12 order. The same is under challenge in this Original Petition. The petitioner herein is the 1st defendant in the suit and the respondents are the plaintiff and the 2nd defendant, respectively. The essential facts to be noted are as follows:

The plaintiff Sreedevi Amma preferred the suit O.S. No. 225/2017 of the Munsiff’s Court, Pattambi, on the premise that the plaint schedule property belonged to one Kuttikrishnan Nair, who married Madhavi Amma, and that plaintiff is the daughter born in that wedlock. During the subsistence of that marriage, Kuttikrishnan Nair married another women by name Lakshmi Appissi, in which relationship, the defendants are born. The plaintiff would aver that the matrimonial tie b