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2013 Supreme(P&H) 1001

PARAMJEET SINGH
Rajli @ Rajjo – Appellant
Versus
Kapoor Singh – Respondent


Advocates:
For the Petitioner:Mr. Akshay Bhan, Advocate.
For the Respondent No.1:Mr. C.B. Goel, Advocate.
For the Respondent No.2:Mr. R.A. Sheoran, Advocate.

JUDGMENT

Mr. Paramjeet Singh, J.:- Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.08.2012 (Annexure P/1) passed by learned Civil Judge (Junior Division) Charkhi Dadri vide which the petitioner has been directed to undergo DNA test.

2. The parties in this petition are hereinafter referred as they are arrayed in the suit i.e. petitioner as defendant no.2 and respondent no.1 as the plaintiff, other defendants have not appeared to contest the present revision petition.

3. Brief facts of the case are that respondent no.1-plaintiff (Kapoor Singh) filed a suit for declaration against the defendants inter-alia pleading therein that Gopal, Gabdu and Rama Nand (died in the year 1942) sons of Nathu were three brothers. Gabdu was married with Ghoghri and Rama Nand was married with Rajli, petitioner-defendant no.2. Partap respondent no.2-defendant no.1 took birth from the womb of Rajli petitioner -defendant no.2 and is not the son of Gabdu and Ghoghri. In R.S.A. No. 3282 of 2009, decided on 28.07.2011, it has been held that Rajli @ Rajjo never contracted kareva marriage with Gabdu (brother of deceased husband of petit



































































































































































































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