IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI th ON THE 16 OF FEBRUARY, 2024 SECOND APPEAL No. 1787 of 2017 BETWEEN:-

SABEEHA SULTAN D/O LATE HAFIZ SULEMAN KHAN W/O. ROSHAN KHAN S/O. M.S. KHAN, AGED ABOUT 50 YEARS, R/O. GEETANJALI COLLEGE ROAD, D.I.G.

BUNGALOW BHOPAL (M.P.) (MADHYA PRADESH)

.....APPELLANT (BY SHRI GHANSHYAM SHARMA - ADVOCATE)

AND

1. IFTEKHAR UDDIN S/O HAFEEZ MOHAMMAD SULEMAN OCCUPATION: AA- ADULT R/O. WARD NO. 15, SHERPURA BERASIYA DISTT. BHOPAL (M.P.) (MADHYA PRADESH)

2. VASEEM UDDIN S/O HAFIZ MOHAMMAD SULEMAN KHAN R/O WARD NO.10 SHERPURA BERASIYA (MADHYA PRADESH)

3. KALEEM UDDIN S/O HAFIZ MOHAMMAD SULEMAN KHAN R/O WARD NO.10 SHERPURA BERASIYA (MADHYA PRADESH)

4. SMT. RAJIYA BEGUM @ MEHRUNNISHA W/O SHRI ABDUL RASEED KHAN, AGED ABOUT 54 YEARS, R/O NEAR NISHANT TALKIES, SIRONJ (MADHYA PRADESH)

5. SMT. SURAIYA @ AFTAB W/O ABDUL RAUF KHAN, AGED ABOUT 52 YEARS, R/O NEAR TEBUDA ROAD MANDI, BASODA (MADHYA PRADESH)

6. SMT. FARJANA BEGUM W/O KHALEEF ULLAH KHAN, AGED ABOUT 39 YEARS, R/O LAXMI TALKIES, BEHIND SAJJAD NURSINGH HOME (MADHYA PRADESH)

7. JALALUDDIN AHMED KHAN S/O LATE JAHEER Signature Not Verified Signed by: AKANKSHA UDDIN AHMED KHAN R/O KOHEFIZA, BHOPAL (MADHYA PRADESH)

8. SMT. SEEMA SULTAN D/O LATE JAHEER UDDIN AHMED KHAN R/O KOHEFIZA, BHOPAL (MADHYA PRADESH)

9. SMT. LUVNA SULTAN D/O LATE JAHEER UDDIN AHMED KHAN R/O KOHEFIZA, BHOPAL (MADHYA PRADESH)

10. MOHD. SARVER KHAN S/O MOHD. MUNAWWAR KHAN, AGED ABOUT 45 YEARS, R/O ISLAMPURA, WARD NO.7, BERASIYA (MADHYA PRADESH)

11. MOHD. ISHRAT KHAN S/O MOHD. MUNAWWAR KHAN, AGED ABOUT 40 YEARS, R/O ISLAMPURA, WARD NO.7, BERASIYA (MADHYA PRADESH)

12. SMT. PARVEEN BANO W/O NAUSHAD KHAN R/O BAND MASTER CHOURAHA (MADHYA PRADESH)

13. SMT. MASRAT JAHAN W/O IKBAL KHAN, AGED ABOUT 34 YEARS, R/O SATPURA, (MADHYA PRADESH)

14. SMT. NIKHAT JAHAN W/O NISHAT KHAN, AGED ABOUT 34 YEARS, R/O SATPURA, (MADHYA PRADESH)

15. SMT. SHAHEEN W/O KHALID IYAN, AGED ABOUT

32 YEARS, R/O VILLAGE DADIYA TAHSIL NASRULLAGANJ (MADHYA PRADESH)

16. SMT. SHAHNAAZ BEGUM W/O SAMAD KHAN @

GUDDU KHAN, AGED ABOUT 30 YEARS, R/O KHANUGAON, (MADHYA PRADESH)

17. THE STATE OF MADHYA PRADESH THR.

COLLECTOR DISTT-BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ISHTIYAQ HUSSAIN - ADVOCATE FOR RESPONDENT NO.1, SHRI SOMESH GUPTA - PANEL LAWYER )

This appeal coming on for admission this day, the court passed the following:

Signature Not Verified Signed by: AKANKSHA

ORDER

This Second appeal under Section 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellant (hereinafter referred to as “plaintiff”) against the respondents (hereinafter referred to as “defendants”) against the impugned judgment and decree dated 26.10.2017 passed by the Additional District Judge, Link Court Bairasiya District, Bhopal in RCA No.11- A/2015 arising out of the Judgment and decree dated 02.01.2013 passed by Ist Civil Judge, Class – II, Bairasiaya District Bhopal in Civil suit No. 130-A/2012.

2. It is submitted by the learned counsel of appellant/plaintiff that learned courts have failed to observe that the plaintiff has proved her case by giving documentary and oral evidence. The learned courts below have wrongly disbelieved ExP-1 to P-8 and given the finding that the said documents obtained after the death of Mohammad Suleman Khan who was the father of the plaintiff. Ex. P-l to P-8 are public documents in which the name of the father of the plaintiff was mentioned and that document proved the fact that the plaintiff is the daughter of Suleman Khan. Learned first appellate court had erred in rejecting application under order 41 Rule 27 of CPC and under Section 45 of Evidence Act. Through this application under Section 45 of Evidence Act the plaintiff sought permission for DNA test for proving her legitimacy by giving scientific evidence but without going through the seriousness of the said application it was dismissed by first appellate court giving very simple reason.Since he plaintiff has proved