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2014 Supreme(P&H) 167

MEHINDER SINGH SULLAR
Neelam Rani – Appellant
Versus
Mainka @ Maina Devi – Respondent


Advocates:
For the Petitioners:Mr. Atul Lakhanpal, Senior Advocate with Ms. Neha Lakhanpal, Advocate.

JUDGMENT

Mr. Mehinder Singh Sullar, J.(Oral) - The challenge in this revision petition, by petitionersdefendants No.2 to 4 Neelam Rani, daughter of Rajender Prasad and others (for brevity “the defendants”), is to the impugned order dated 18.2.2014 (Annexure P6), by virtue of which, the trial Court has directed the plaintiff & defendant Nos.2 to 4 to appear before the Civil Surgeon to give their samples for D.N.A. Test.

2. After hearing the learned counsel for the petitioners, going through the record with his valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context.

3. Ex facie, the argument of learned counsel that since no ground is made out, so, the trial court committed the legal mistake to direct the parties, to undergo the DNA Test, lacks merit.

4. As is evident from the record that initially, respondent-plaintiff Smt.Mainka alias Maina Devi d/o Rai Sahab son of Shishpal (for short “the plaintiff”), has instituted the civil suit (Annexure P1) for a decree of declaration to the effect that she is joint owner and in possession of the land in litigation, being the daughter and only legal representati







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