Mohan v. P. Thiagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 3720 of 2023 & CMP No. 23231 of 2023 Mohan

...Petitioner

Vs.

P.Thiagarajan ....Respondent PRAYER : This Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A No. 6 of 2023 in O.S No. 120 of 2012 on the file of District Munsif Court, Perundurai, dated 05.07.2023.

For Petitioners : Mr.V.S.Kesavan

ORDER

This petition has been filed to set aside the fair and decreetal order passed in I.A No. 6 of 2023 in O.S No. 120 of 2012 on the file of District Munsif Court, Perundurai, dated 05.07.2023.

The petitioner herein filed an application in I.A No. 6 of 2023 in OS

No. 120 of 2012 to appoint an officer of this Court as commissioner for collecting the blood samples of the respondent/plaintiff and his blood samples with the help of the concerned medical officer and send it to the concerned Forensic Department for Paternity Test (DNA) and direct to file a report. After considering the submissions on either side, the Trial dismissed the said application. Challenging the same the petitioner filed this petition.

2. On perusal of the records, it reveals the respondent is not willing to conduct the DNA test. Hence, this Court does not find any reason to interfere with the order of the Trial Court. However, the liberty is given to the petitioner file a application for DNA test with correct particulars as per manner to law.

3. In the result, this petition is dismissed. No Costs. Consequentially, connected miscellaneous petition is closed. 17.10.2023 pbl To

1. The District Munsif Court, Perundurai.

T.V.THAMILSELVI,J.

Pbl CRP No. 3720 of 2023 & CMP No. 23231 of 2023 17.10.2023