IMPORTANT POINT
The court emphasized that DNA tests should not be ordered when other evidence is available to prove or dispute the relationship, and that the law does not contemplate the use of DNA tests as exploratory or investigatory experiments for determining paternity.

ORDER:

Heard Learned Counsel for the petitioner and Learned counsel for the respondents and perused the records.

2. The Civil Revision Petition is filed by the petitioner aggrieved by the order dated 10.04.2023 passed in I.A.No.370 of 2022 in O.S.No.43 of 2022 by the Junior Civil Judge-cum-Judicial Magistrate of First Class, Nidamanoor, whereunder the petition filed by the respondent No.1/plaintiff under Section 45 of the Evidence Act was allowed.

3. Learned Counsel for the petitioner submits that the respondent No.1 herein filed the suit in O.S.No.43 of 2022 for the relief of partition and separate possession of the suit scheduled lands claiming that he is the son of the revision petitioner/defendant No.1, without specifying the name of the mother, claiming right over the suit schedule lands. The revision petitioner and respondent No.2 are the brothers and they are sons of Late Bhadraiah and that their mother is Anasuya. Thereafter, the petitioner and respondent No.2 partitioned the lands and separate passbooks were also issued to them. The said fact was also narrated by the respondent No.1 in his plaint. The respondent No.1 also averred that the land held by the petitioner was sold to respondent No.5 through registered Doc.No.517 of 2021 before the Registering Authority, Anumula.

4. The learned Counsel for the Revision petitioner further submits that the respondent No.1 filed a suit in O.S.No.43 of 2022 claiming right over the properties illegally. The Court below without considering the plea of the petitioner no land is available for partition and even the said fact was also admitted by the respondent No.1 in his plaint that the entire land belongs to the petitioner was alienated in favour of the respondent No.5, but, allowed the Interlocutory Application directing the petitioner to present before the FSL to give Blood sample for DNA Test. The claim of the respondent No.1 in the suit for partition and separate possession is not possible when the land itself is not available for partition and the order passed by the Trial Court is against the principles of natural justice and the petition filed by the respondent No.1 for DNA Test is only to degrade the prestige of the petitioner and requested to allow the Civil Revision Petition.

5. The learned Counsel for the petitioner in support of his contention relied on the following Judgment:

Ashok Kumar Vs. Raj Gupta and others, (2022) 1 SCC 20

6. Learned Counsel for the respondent No.1 basing on the counter submits that the Revision Petitioner and respondent Nos.2 to 4 are jointly enjoying the property. Due to increase of the land rates, Revision Petitioner along with other respondent Nos.2 to 4 sold the lands to the respondent No.5 without any consent of the respondent No.1. The Respondent No.1 issued legal notice to the respondent Nos.2 to 4 on 29.10.2021 for which a reply notice was given on 01.11.2021 with baseless allegations. As such the respondent No.1 constrained to file suit for partition in O.S.No.43 of 2021 and the same is pending.

7. The learned Counsel for the respondent No.1 further submits that the Revision Petitioner, who is the father of the respondent No.1, had not only denied the share of the respondent No.1 but also denied the respondent No.1 as his son intentionally in order to take away the share of property of the respondent No.1. As such, the respondent No.1 filed I.A.No.370 of 2022 under Section 45 of Evidence Act to undergo DNA Test and the same was allowed, but the Revision Petitioner instead of undergoing test, had approached this Court in order to get away from DNA Test and there are no valid grounds in the revision petition and requested to dismiss the Civil Revision Petition.

8. After hearing both sides, and on perusing the record, it discloses that the respondent No.1 herein filed the suit in O.S.No.43 of 2022 on the file Junior Civil Judge, Nidmanoor, seeking for the relief of partition and separate possession of the suit scheduled lands claiming that he is t