( 1 ) KUMARI Nafis Ara through her mother Smt. Khatoon filed an application under Section 488 of the Code of Criminal Procedure on 25-9-1954 in the court of Sri Farkat All Magistrate. That application was dismissed on 17-12-1954. Thereupon the applicant filed a suit in the court of munsif South, Lucknow claiming a declaration that she was the illegitimate daughter of the respondent Asif Saadat Ali Khan. That suit was decreed. No appeal or revision was filed. The decree became final. Thereupon the petitioner, who is aged 9, filed a fresh application under section 488 of the Code of Criminal Procedure in the court of the Magistrate and the application was dealt by Sri Sadhu Singh and was dismissed by him. A revision, application No. 74 of 1960, was filed in the court of the sessions Judge, Lucknow. The learned Sessions Judge has by his order dated 14-8-1961 made this reference to the High Court recommending that the order of Sri sadhu Singh be set aside and the learned Magistrate directed to decide the application on merits without regard to the fact of the dismissal of the previous application.

( 2 ) IN the reference I have heard the learned counsel for the parties,