ORDER :

1. This writ petition has been filed by the petitioner-plaintiffs challenging the order dated 03.01.2019 passed by learned trial Court whereby the application submitted by the petitioner under Section 165 of the Indian Evidence Act, 1872 was dismissed.

2. Brief facts of the case are that the petitioner-plaintiffs filed a suit for partition, permanent injunction and declaration against the respondent-defendants before the learned trial Court.

3. The suit was filed in the year 2009 and the reply was filed by the petitioner-plaintiffs in the year 2009 and the respondent defendants filed written statement in the year 2010. Thereafter, the learned trial Court recorded the evidence of both the parties on 02.11.2018 and the suit was fixed for final arguments.

4. Thereafter, the petitioner-plaintiffs filed the application for DNA test of respondent Nos. 2 and 3 and the said application was dismissed by the learned trial Court vide order dated 03.01.2019. Hence, the present writ petition has been filed.

5. Counsel for the petitioner-plaintiffs submitted that according to Section 165 of the Indian Evidence Act, 1872, the trial Court has power to record the statement or to call for the DNA