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2023 Supreme(Online)(KER) 4531

HIGH COURT OF KERALA
C.S. DIAS, J
SHAJI – Appellant
Versus
POTTY P R – Respondent


Advocates:
SRI.M.K.GOPIMOHANAN VARGHESE PREM, JAYAPRASAD M R

JUDGMENT

Aggrieved by Ext.P7 order passed in I.A. No.4/2021 in O.S.No.387/2019 by the Court of the Munsiff, Perumbavoor, the plaintiff in the suit has filed the original petition. The respondents are the defendants in the suit.

2. The factual matrix leading to Ext.P7 order, in a nutshell, is: the petitioner has filed the suit against the respondents for a declaration that he is the biological son of the 1st respondent. The 1st respondent – the putative father - has refuted the allegations in the plaint by filing Ext.P2 written statement. On the other hand, the mother of the petitioner has filed Ext.P3 written statement, admitting the averments in the plaint and, inter-alia, contending that the petitioner was born in the relationship between her and the first respondent. In view of the blunt denial made by the 1st respondent in Ext.P2 written statement, the petitioner was compelled to file I.A.No.4/2021 (Ext.P4), under Section 75 (e) read with Order 26 of the Code of Civil Procedure, 1908 (in short ‘Code’), to direct the petitioner and the respondents to be subjected to Deoxyribonucleic Acid (DNA) Test for a fair and just decision of the suit. The application was opposed by the 1st r

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