Ajay Kumar Mittal, J

1. The plaintiff-petitioners are aggrieved by the order dated 22.1.2011 whereby the trial court had dismissed the application which had been filed by them with a prayer that DNA test of Jarnail Singh, defendant No.1 and Kulwant Kaur, defendant No.3 be conducted so as to determine whether defendant No.1 was born from the wedlock of defendant No.3 Kulwant Kaur and Dharam Singh who had expired on 6.2.1986.

2. Brief facts may be noticed. The plaintiff-petitioners filed a suit for declaration that they were owners of land to the extent of 1/7th share each of land measuring 107 kanals 6 marlas alongwith defendant Nos. 2 and 3. The defendant Nos.1 and 3 on appearance had taken the plea that Charan Kaur, mother of the plaintiffs and grand-mother of Jarnail Singh had executed a registered Will on 17.12.1988 in favour of Jarnail Singh and Surjit Singh and further that there was a court decree dated 17.9.1990 wherein Charan Kaur had admitted execution of registered Will in favour of defendant Nos. 1 and 2. Replication was filed by the petitioners. From the pleadings of the parties, issues were framed by the trial court. Thereafter, an application was filed by the