Judgment

Arijit Pasayat, J.—Leave granted.

2. The core question involved in this ­appeal is whether a direction for Deoxy­ribonucleic Acid Test (commonly known as DNA test) can be given in a proceeding for issuance of succession certificate under the Indian Succession Act, 1925 (in short the ‘Act’).

3. Challenge in this Appeal is to the order of a learned Single Judge of the Delhi High Court setting aside the order of learned Administrative Civil Judge, Delhi dated 20.12.1999 whereby he had allowed an application under Section 151 of the Code of Civil Procedure, 1908 (in short the ‘CPC’) filed by the appellant seeking DNA test of the respondent No.1-Smt. Teeku Dutta and Sh. Ram Saran Dass Sharma, (who is not a party in this appeal). Respondent No.1 has filed case No.86 of 1944 for grant of succession certificate under Section 372 of the Act.

4. Background facts in a nutshell are as follows:

The respondent No.1 filed a petition for grant of Succession Certificate in respect of the properties of one Iqbal Nath Sharma (hereinafter referred to as the ‘deceased’) claiming that she was his daughter and the only surviving Class I legal heir under the Hindu Succession Act, 1956 (in short the ‘S