(Enclosure 79)

Aslam Zainuddin J:

Introduction

[1] This was an application in encl 79 by the defendants for the plaintiff and 1st defendant to undergo a DNA test to confirm whether they are siblings. The plaintiff had filed a writ to claim inter alia that he be given a share in the estate of their mother's estate. The defendants' contention was that the plaintiff is an adopted child and therefore not entitled to inherit their mother's property. Enclosure 79 was filed by the defendants to verify the claim that the plaintiff was indeed a biological child of their mother. The issue in this application is whether the plaintiff should undergo the test or not. I made a ruling that the application be allowed but the plaintiff to willingly without compulsion submit to the test.

[2] The reasons for the defendants' application were:

"1. Defendan Pertama percaya bahawa Plaintif bukan abang kandungnya dan bukan anak kandung Noriah binti Hashim dan Ahmad bin