Case Note & Summary
The petitioner, Smt. D.N. Mangala, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 11.04.2017 passed by the Senior Civil Judge, Maddur, in O.S. No. 23/2010. The trial court had dismissed I.A. No. 19 filed by the plaintiff under Order 26 Rule 10A read with Section 151 of the Code of Civil Procedure, 1908, with costs of Rs. 200/-. The plaintiff had instituted the suit for partition and separate possession of suit schedule properties, claiming that she and the defendants were members of a joint family and that there had been no partition. The defendants filed a written statement denying the plaint averments and specifically contended that there was no relationship between the plaintiff and the defendants. During the pendency of the suit, when the matter was posted for the plaintiff's evidence, the plaintiff filed I.A. No. 19 seeking a direction for a DNA test to establish the relationship between the parties. The trial court dismissed the application on the ground that the application was not maintainable under Order 26 Rule 10A CPC. The High Court, after hearing both sides, set aside the impugned order and allowed the application, directing the trial court to appoint an expert from the Forensic Science Laboratory or any other recognized institution to conduct a DNA test of the plaintiff and the defendants, with the costs to be borne by the plaintiff. The court held that the application was maintainable and that the trial court should have considered the necessity of the DNA test for the just adjudication of the suit, as the relationship was in dispute.
Headnote
A) Civil Procedure - Expert Opinion - DNA Test - Order 26 Rule 10A r/w Section 151 CPC - The plaintiff sought a DNA test to prove relationship with defendants in a partition suit; the trial court dismissed the application as not maintainable. The High Court held that the application was maintainable and that the trial court should have considered the necessity of the DNA test for just adjudication, as the relationship was disputed. (Paras 1-10) B) Civil Procedure - Inherent Powers - Section 151 CPC - The court has inherent power to order a DNA test if it is essential for the just decision of the case, even if not specifically provided for under Order 26 Rule 10A CPC. (Paras 8-10)
Issue of Consideration
Whether the trial court erred in dismissing the plaintiff's application under Order 26 Rule 10A CPC for a DNA test to establish relationship between the parties in a partition suit.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 11.04.2017, and allowed I.A. No. 19. The trial court was directed to appoint an expert from the Forensic Science Laboratory or any other recognized institution to conduct a DNA test of the plaintiff and the defendants, with the costs to be borne by the plaintiff.
Law Points
- Order 26 Rule 10A CPC
- Section 151 CPC
- DNA test
- expert opinion
- partition suit
- joint family property
