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2022 Supreme(Mad) 394

S.ANANTHI
Palaniraj – Appellant
Versus
Vellaichamy – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. P.Malini
For the Respondent: Mr. P.Aathimola Pandian, for Mr.S.Jawahar

ORDER :

This Civil Revision Petition has been filed to set aside the fair and ex-order, dated 22.06.2017 in I.A.No.251 of 2016 in O.S.No.50 of 2014 passed by the learned Subordinate Judge, Virudhunagar.

2. The parties are referred to as per the rank mentioned before the Court below.

3. The plaintiffs has filed a suit in O.S.No.50 of 2014 against the defendants for partition. During the pendency of the suit, the defendants have filed a interlocutory petition in I.A.No.251 of 2016 in O.S.No.50 of 2014, under Order 26 Rule 10(A) of Civil Procedure Code, for DNA test of the defendant Nos.1 & 3 and the plaintiffs. The said petition was dismissed on 22.06.2017. Aggrieved over the same, the revision petitioners/defendant Nos.1 & 3 have filed this Civil Revision Petition.

4. Heard on either side. Perused the material documents available on record.

5. This Civil Revision Petition is filed on the ground that the present case is not a criminal case and only property rights are asserted and denied. The Court below has failed to see that no prejudice would be caused to the plaintiffs if they are subjected to the DNA test which is now scientifically recognised as the most accurate method to dispel do

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